HomeMy WebLinkAboutReso - CC - 014-2025RESOLUTION NO. 014-2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CONFIRMING
DEVELOPER COMPLIANCE WITH THE DEVELOPMENT AGREEMENT FOR THE 1200-1340
OLD BAYSHORE HIGHWAY PROJECT FOR THE PERIOD BEGINNING APRIL 15, 2024
WHEREAS, on April 15, 2024, the City Council for the City of Burlingame adopted Ordinance No.
2027, approving that certain Development Agreement (“DA”) by and between DW Burlingame I
Owner, LLC; DW Burlingame II Owner, LLC; DW Burlingame II Owner A, LLC; DW Burlingame II
Owner B, LLC; and DW Burlingame III Owner, LLC (collectively, “Developer”); and
WHEREAS, the DA sets forth the rights and obligations of the City and Developer with respect to
development of property located at 1200-1340 Old Bayshore Highway, including development of
three new 11-story office or research and development buildings, and two new 10-10.5-story
parking garages (the “Project”); and
WHEREAS, section 6.1 of the DA and Government Code Section 65865.1 require the City and
Developer, on an annual basis, to review all actions taken pursuant to the terms of the DA with
respect to development of the Project; and
WHEREAS, section 6.1 of the DA further requires Developer to provide the City with
documentation of its good faith compliance with the DA by submitting an Annual Review Form by
December 1st of each year following the effective date of the DA; and
WHEREAS, section 6.1 of the DA further requires the City Council to consider the Annual Review
Form at a public hearing and confirm, in compliance with Burlingame Municipal Code section
25.104.130 and Government Code Section 65865.1, and based on substantial evidence, whether
Developer has complied in good faith with the terms and conditions of the DA.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED:
1. The foregoing recitals are true and correct and are incorporated herein.
2. Developer has submitted the Annual Review Form, attached hereto, and based upon the
substantial evidence therein, the City Council concludes that Developer has complied in
good faith with the terms and conditions of the DA for the period beginning on the Effective
Date (April 15, 2024) and ending on the date of this Resolution.
_______________________
Michael Brownrigg, Vice Mayor
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I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
resolution was introduced at a regular meeting of the City Council, held on the 18th day of February
2025, and as adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COLSON, BROWNRIGG, PAPPAJOHN, THAYER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: STEVENSON
______________________________________
Meaghan Hassel-Shearer, City Clerk
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ANNUAL REVIEW FORM-2024
This Annual Review Form is submitted to the City of Burlingame (“City”) by DW
BURLINGAME I OWNER, LLC; DW BURLINGAME II OWNER, LLC; DW
BURLINGAME II OWNER A, LLC; DW BURLINGAME II OWNER B, LLC; and DW
BURLINGAME III OWNER, LLC (collectively, “Developers”) pursuant to the requirements
of California Government Code section 65865.1 regarding Developers’ good faith compliance
with its obligations under the Development Agreement between the City and Developer dated as
of May 15, 2024 (“Development Agreement”). All terms not otherwise defined herein shall have
the meanings assigned to them in the Development Agreement:
Annual Review Period: May 15, 2024 to December 31, 2024.
Developers have paid all Processing Fees required in connection with processing permits,
and no Impact Fees or Connection Fees have been triggered yet. The Project still requires
additional discretionary approvals, as Developers continue to seek the requisite Project permits
from the following state and federal agencies with jurisdiction: (1) the Bay Conservation and
Development Commission; (2) the San Francisco Regional Water Quality Control Board; (3) the
California Department of Fish and Wildlife; (4) the United States Army Corps of Engineers (and
National Marine Fisheries); (5) the California Department of Transportation; (6) the Federal
Aviation Administration; and (7) the United States Coast Guard (for the eventual bridge over
Easton Creek). Developers are preparing the Final Map for the Project and are negotiating a
Subdivision Improvement Agreement with the City. Developers have submitted for certain
demolition, stitch pier, rough grading, and soil surcharge permits from the City, and DW
Burlingame II Owner has submitted for building permits for the Center Building and the Southern
Parking Structure. Developers intend to continue to pursue the approval of the above-described
permits in 2025, while any Project construction activities remain conditioned upon receipt of all
requisite permits (including from other governmental agencies) and market conditions. No
Development Agreement obligations were required to be completed during this annual review
period. Developers have been gratified to be able to discuss the status of the various Project
approvals with City staff monthly, and hope and expect to continue to do so.
The undersigned representatives confirm that Developers are:
___X___ In good faith compliance with its obligations under the Development Agreement for this
annual review period.
______ Not in good faith compliance with its obligations under the Development Agreement for
this annual review period, in response to which Developer is taking the actions set forth in the
attachment hereto.
IN WITNESS WHEREOF, Developers have executed this Annual Review Form as of this
30th day of November, 2024.
[Signatures page on next page]
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DEVELOPERS:
DW BURLINGAME I OWNER, LLC
By: __________________________
Name: _______________________
Its: Authorized Signatory
DW BURLINGAME II OWNER, LLC
By: __________________________
Name: _______________________
Its: Authorized Signatory
DW BURLINGAME II OWNER A, LLC
By: __________________________
Name: _______________________
Its: Authorized Signatory
DW BURLINGAME II OWNER B, LLC
By: __________________________
Name: _______________________
Its: Authorized Signatory
DW BURLINGAME III OWNER, LLC
By: __________________________
Name: _______________________
Its: Authorized Signatory
[Signature page to Annual Review Form-2024]
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Michael Carp
Michael Carp
Michael Carp
Michael Carp
Michael Carp