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HomeMy WebLinkAboutOrdinance 1722 (Fair, Isaac Office Park Project)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1722 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL, APPROVING THE DEVELOPMENT AGREEMENT FOR THE FAIR, ISAAC OFFICE PARK PROJECT, SECOND STREET, LINDARO STREET, AND LINCOLN AVENUE (AP NOS. 13-012-120(PTN), 13-021- 100 AND 13-021-190) CITY FILE NO. DA -97-1" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 17th day of FEBRUARY, 1998, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 2nd day of MARCH, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT/DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (Due to conflict of interest). WITNESS my hand and the official seal of the City of San Rafael this 6th day of MARCH, 1998. JEANNEVM- LEONCINI, City Clerk ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING THE DEVELOPMENT AGREEMENT FOR THE FAIR, ISAAC OFFICE PARK PROJECT SECOND STREET, LINDARO STREET AND LINCOLN AVENUE (AP NOS. 13-012-120 [PTN.], 13-021-100 AND 13-021-190) City File No. DA -97-1 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Findinizs. A. California Government Code Sections 65864 — 65869.5 authorize cities to enter into binding development agreements as therein provided. B. Fair, Isaac and Company, Inc., a Delaware Corporation and Village Builders, L.P., a California Limited Partnership (collectively referred to as "Developer") have requested that the City of San Rafael (the "City") enter into a Development Agreement with respect to the real property (the "Property") commonly known as the Fair, Isaac Office Park Project, which is more particularly described in Exhibit "C" to the said "Development Agreement" and proceedings have been taken in accordance with the City's rules and regulations for the consideration of Development Agreements. C. Developer has the requisite legal interest in the property to enable the City to enter into the Development Agreement with the City. D. The Planning Commission of the City has reviewed the proposed Development Agreement and has held a public hearing on the same on Tuesday, February 3, 1998. The Planning Commission voted unanimously (5-0-2 vote) to recommend approval of the Development Agreement by the City Council. E. The City Council of the City of San Rafael has held a public hearing on the proposed Development Agreement, and notice of intention to consider adoption of the Development Agreement has been given, as required by law. F. The City Council finds that the Development Agreement is consistent with the City of San Rafael General Plan 2000, which is currently in effect and consistent with the adopted PD (Planned Development) District zoning for the subject property. G. The City further finds that each and every one of the facts and statements set forth in the Recitals of the Development Agreement are true and correct. The text of the proposed Development Agreement is attached to the San Rafael City Council Agenda Report (Attachment 4A) dated February 17, 1998, and subsequent modifications thereto, and is filed in the office of the City Clerk of the City of San Rafael and is available for public review therein. Said facts and statements are hereby incorporated into this ordinance by this reference as fully and completely as if the same had been set forth at length herein. DIVISION 2. Approval. The City Council of the City of San Rafael approves the Development Agreement for the Fair, Isaac Office Park Project, a copy of which is on file in the office of the City Clerk and the Vice Mayor is authorized to execute and enter into said Development Agreement on behalf of the City. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. 2 DIVISION 4. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. L t GARY O. P LIP�Vice Mayor Attest: A��NE M. � A JE LEONCI1VI, City Clerk The foregoing Charter Ordinance No. 1722 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael on Tuesday, February 17, 1998, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, MILLER AND VICE -MAYOR PHILLIPS NOES: COUNCILMEMBERS: NONE DISQUALIFIED /ABSENT: COUNCILMEMBERS: MAYOR BORO LDue to conflict of interest) and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 2ND day of MARCH , 1998. JE&KE M. LEONCM, City Clerk 3