HomeMy WebLinkAboutSA Resolution 2013-07 (Corporate Center Development)RESOLUTION NO. 2013-07
A RESOLUTION OF THE SAN RAFAEL SUCCESSOR AGENCY
APPROVING THE EXECUTION AND IMPLEMENTATION OF A "CONSENT
AND AGREEMENT" RELATING TO THE OWNER PARTICIPATION,
DISPOSITION AND DEVELOPMENT AGREEMENT WITH SR CORPORATE
CENTER PHASE ONE, LLC AND SR CORPORATE CENTER PHASE TWO, LLC,
FOR THE SAN RAFAEL CORPORATE CENTER DEVELOPMENT
WHEREAS, the California State Legislature enacted Assembly Bill xl 26 to dissolve
redevelopment agencies formed under the Community Redevelopment Law (Health and Safety
Code sections 33000 et seq.); and
WHEREAS, on February 1, 2012, the San Rafael Redevelopment Agency ("the
Redevelopment Agency") was dissolved pursuant to Health and Safety Code Section 34172; and
WHEREAS, on January 3, 2012 and pursuant to Health and Safety Code Section 34173,
the City Council of the City of San Rafael declared that the City of San Rafael, a municipal
corporation, would act as the San Rafael Successor Agency (the "Successor Agency"), as
successor to the dissolved Redevelopment Agency, effective February 1, 2012; and
WHEREAS, on February 17, 1998 the San Rafael City Council approved a Development
Agreement with Fair, Isaac and Company, Inc. ("Fair, Isaac") for the development of a phased
office park on property located at Second and Lindaro Streets, now known and hereafter referred
to as the San Rafael Corporate Center; and
WHEREAS, on May 18, 1998, in connection with the City Council's approval of the
Development Agreement, the Redevelopment Agency entered into an Owner Participation,
Disposition and Development Agreement ("the OPDDA") providing for the sale to and
development by Fair, Isaac of certain Redevelopment Agency real property as part of the San
Rafael Corporate Center; and
WHEREAS, in connection with the approval of the OPDDA, the City Council and the
Redevelopment Agency previously made the findings required by section 33433 of the
Community Redevelopment Law regarding the disposition of the property by the Agency
pursuant to the OPDDA (the "OPDDA Findings"), which findings are incorporated herein by
reference, and
WHEREAS, in 2007, with the consent of the City of San Rafael, as reflected in City
Council Resolution No. 12297, and the Redevelopment Agency, as reflected in Redevelopment
Agency- Board Resolution No. 2007-20, the San Rafael Corporate Center project, including title
to the properties subject to the Development Agreement and the OPDDA, and all the rights,
entitlements, and obligations of Fair, Isaac under the Development Agreement and the OPDDA
and all amendments to those agreements, subsequently ti�erc assigned and transferred to the
current property owner, SR Corporate Center Phase One, LLC and SR Corporate Center Phase
Two, LLC (hereafter collectively referred to as "SR Corporate"): and
WHEREAS, Phase I of the San Rafael Corporate Center is complete, Phase II is partially
complete, and SR Corporate is presently in full compliance with the terms of the Development
Agreement and the OPDDA and all amendments to those agreements; and
WHEREAS, SR Corporate now wishes to sell the San Rafael Corporate Center and to
assign all its rights, entitlements, and obligations under the Development Agreement and the
OPDDA to BioMarin Pharmaceutical Inc. ("BioMarin"); and
WHEREAS, Section Five of the OPDDA requires SR Corporate to obtain the consent of
the Redevelopment Agency for the transfer of a phase of the property and assignment of the
OPDDA prior to completion of that phase of the development; and
WHEREAS, Successor Agency staff has presented to the Successor Agency Board, in
connection with this Resolution, a proposed form of Consent and Agreement to approve and
implement the proposed sale of the property and assignment of rights and obligations under the
Development Agreement and OPDDA by SR Corporate to BioMarin, which Consent and
Agreement is on file with the Successor Agency Secretary; and
WHEREAS, because the proposed Consent and Agreement does not change the
purchase price for the property the Redevelopment Agency conveyed, or increase the costs of the
OPDDA to the Successor Agency, the OPDDA findings remain valid and applicable for the
OPDDA as amended by the Consent and Agreement, and no further findings are required by the
City Council or the Successor Agency in connection with the Consent and Assignment;
NOW, THEREFORE, BE IT RESOLVED that the City Council, acting as the
Governing Board of the San Rafael Successor Agency, hereby approves the Consent and
Agreement and authorizes the Successor Agency Executive Director to execute the Consent and
Agreement on behalf of the Successor Agency substantially in the form on file with the Agency
Secretary, with such changes as are approved by the Successor Agency Executive Director and
the Agency Counsel, such approval to be conclusively evidenced by the execution of the Consent
and Agreement.
I, Esther C. Beirne, Secretary of the San Rafael Successor Agency, hereby- certify that
the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael Successor Agency, held on Monday, the 16th day of December, 2013, by the
following vote, to wit:
AYES: Members: Bushey, Colin, 'McCullough & Vice -Chair Connolly
NOES: 'Members: None
ABSEN I': Members: Chairman Phillips
Esther C. Beirne, Secretary
San Rafael Successor Agency