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Home My WebLink AboutED San Rafael Corp Center Development Agr. 2nd AmendmentSECOND AMENDMENT TO DEVELOPMENT AGREEMENT (San Rafael Corporate Center) M TRIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into as of by and between the City of San Rafael, a California charter city ("City"), and San Rafael Corporate Center Phase One, LLC and San Rafael Corporate Center Phase Two, LLC (collectively hereafter "SRCC"), with reference to the following: RECITALS: A. On February 17, 1998, City's City Council ("the City Council") adopted Ordinance No. 1722 approving a Development Agreement between the City and Fair, Isaac and Company, Inc. ("Fair, Isaac") pursuant to the authority of California Government Code sections 65864 et seq., for development of the property described in the Development Agreement, now commonly known and referred to hereafter as the "San Rafael Corporate Center." The Development Agreement, dated February 17, 1998, was recorded in the Office of the Marin County Recorder on April 9, 1998 as Document No. 98-023245. B. On August 21, 2000, the City Council adopted Ordinance No. 1755, approving and authorizing the Mayor to execute an "Amendment to Development Agreement." C. SRCC is the present owner of, and the successor -in -interest to Fair, Isaac's ownership interest in the San Rafael Corporate Center, and to the rights and obligations of Fair, Isaac under the Development Agreement, as amended by the Amendment to Developmcnt Agreement (collectively hereafter "the Amended Development Agreement"). D. The Amended Development Agreement vests in SRCC the right to develop five buildings zoned for administrative and general office use, and two parking structures at the San Rafael Corporate Center. All but one office building and one parking structure have been constructed, construction has not yet begun on these final structures. Exhibit A �k �t id 4 t `vim Recording Requested By, m 1 CUAnd When Recorded PleaseCU =, Return to: I CU w d E CU City Clerk City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 U Gf A 1-4 { CU IxCU 4 E E E E w Y SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (San Rafael Corporate Center) M TRIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into as of by and between the City of San Rafael, a California charter city ("City"), and San Rafael Corporate Center Phase One, LLC and San Rafael Corporate Center Phase Two, LLC (collectively hereafter "SRCC"), with reference to the following: RECITALS: A. On February 17, 1998, City's City Council ("the City Council") adopted Ordinance No. 1722 approving a Development Agreement between the City and Fair, Isaac and Company, Inc. ("Fair, Isaac") pursuant to the authority of California Government Code sections 65864 et seq., for development of the property described in the Development Agreement, now commonly known and referred to hereafter as the "San Rafael Corporate Center." The Development Agreement, dated February 17, 1998, was recorded in the Office of the Marin County Recorder on April 9, 1998 as Document No. 98-023245. B. On August 21, 2000, the City Council adopted Ordinance No. 1755, approving and authorizing the Mayor to execute an "Amendment to Development Agreement." C. SRCC is the present owner of, and the successor -in -interest to Fair, Isaac's ownership interest in the San Rafael Corporate Center, and to the rights and obligations of Fair, Isaac under the Development Agreement, as amended by the Amendment to Developmcnt Agreement (collectively hereafter "the Amended Development Agreement"). D. The Amended Development Agreement vests in SRCC the right to develop five buildings zoned for administrative and general office use, and two parking structures at the San Rafael Corporate Center. All but one office building and one parking structure have been constructed, construction has not yet begun on these final structures. Exhibit A E. On May 17, 2011, SRCC applied to the City to amend the zoning and the Master Use Permit for the San Rafael Corporate Center to expand the permitted uses of the office space to include medical use, and for approval of accompanying amendments to the Amended Development Agreement. F. On October 25, 2011, the City's Planning Commission held a public hearing on the applications for rezoning and for amendment of the Master Use Pen -nit and the Amended Development Agreement, and recommended approval of those applications to the City Council. G. On December 5, 2011, the City Council held a public hearing on the applications to rezone and amend the Master Use Permit and Amended Development Agreement; and adopted Resolution No. 13275 approving the amendments to the Master Use Permit. H. On December 19, 2011, the City Council adopted Ordinance No. 1901 approving the rezoning for the San Rafael Corporate Center. On December 19, 2011, the City Council adopted Ordinance No. 1902 approving and authorizing the Mayor to execute the requested amendments to the Amended Development Agreement, in the form of this Second Amendment. NOW, THEREFORE, THE CITY AND SRCC AGREE AS FOLLOWS: Amendment of Development Agreement Section 1.6. Section 1.6 of the Amended Development Agreement shall be amended to read as follows (shown in underline/strikeout format): 1.6 Enacting Ordinance and Resolution. Ordinance No. 1722, enacted by the City Council of the City of San Rafael on February 17, 1998, approving this Development Agreement (attached as Exhibit F to the Development Agreement); Resolution No. 10026, adopted by the City Council of San Rafael on September 17, 1998, authorizing execution of this Development Agreement by the Vice - Mayor (attached as Exhibit G to the Development Agreement); Ordinance No. 1755 enacted by the City Council of San Rafael on August 7, 2000, approving the Amendment to Development Agreement dated as of July 1, 2000; and Ordinance No. 1902 enacted by the City Council of San Rafael on December 19, 2011, approving the Second Amendment to Development Agreement dated as of 2. Amendment of Development Agreement Section 1.20. Upon the effective date of the City's approval of the May 17, 2011 applications for rezoning and amendment to 2 Exhibit A Master Use Permit, the Vested Approvals as defined in Section 1.20 of the Amended Development Agreement shall be revised to reflect those approvals. 3. Amendment of Development Agreement Section 2.7. Section 2.7 addresses night and evening parking on the western parcel (referred to as Public Parking Parcel, west of Lindaro Street). The terms of this section shall be amended as follows (shown in under]inelstrikeout format): 2.7 Night, Evening and Weekend Parking. On a portion of the property shown on attached Exhibit D (the "Public Parking Parcel", parcel located west of Lindaro Street), the property owner shall make available the parking improvements for public parking on nights and weekends. The public parking parcel shall be made available from midnight to 6 a.m. and from 6 p.m. to midnight on Monday through Friday and all hours on Saturdays and Sundays. A sign shall be posted at the Lindaro Street entrance to the Public Parking Parcel stipulating public availability of parking during nights and weekends. Such parking shall be provided at no cost to the City or the Agency. The property owner shall not charge for the public parking without the approval of the City, which approval shall not be unreasonably withheld, provided that the proposed charges are not substantially and materially higher than the amounts the City charges in the City -owned parking facilities in downtown San Rafael for night and weekend parking after taking into consideration additional and excess costs to the property owner of security and other related matters. The public parking shall be made available for parking beginning with the completion of the First Phase of Improvements. 4. Amendment of Development Agreement Section 3.2.1. Section 3.2.1 of the Amended Development Agreement shall be amended to add the following to the pennitted uses included in the Project: a. ;Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patients/visitors). A total of 68,068 square feet of medical office use is proposed as an allowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, up to 68,000 square feet could be used for medical office use. The modification proposes that the medical office use allowance be generally applied to the office park and that it not be approved for any one building or concentrated in any one area of the park site. b. Research and Development. Research and Development use is defined as use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial-typc manufacturing and generally operates similar to and characteristic of low - intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients visitors) would be considered a research and development use. Exhibit A 5. No Other Amendment. Except as set forth in this Second Amendment, the Amended Development Agreement shall remain in full force and effect and unamended. 6. Recordation, Pursuant to the Development Agreement Legislation (as defined in the Amended Development Agreement), within ten (10) days following the date that Ordinance No. 1902 becomes effective, the parties shall record this Second Amendment. For purposes of recording, a legal description of the San Rafael Corporate Center is attached hereto as Exhibit I and incorporated herein by reference. The cost of recording shall be borne by SRCC. 7. Counte �qrts. This Second Amendment may be executed and acknowledged in counterparts. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date as first set forth above. CITY OF SAN RAFAEL By: I" s, Mayor --- O. i 1 4', Mayor . P il APPROVED AS TO FORM: ATTEST: ByBy: FE : r Robert F. E stein, Ci y Aitorne Esther C. Beime, City Clerk SAN RAFAEL CORPORATE CENTER PHASE ONE, LLC By: ---------- SAN------ SAN RAFAEL CORPORATE CENTER PHASE TWO, LLC By:__ ilk ----- 4 Exhibit 1