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HomeMy WebLinkAboutR04-Economic Development Agency 0' o o o o o DBVBLOPMBNT DBPARTMBNT OF DB Cln OF SAW IlBIllIARDlBO REOUEST FOR COIMISSION/COUBCIL ACTION From: KBRllBTH J. BBNDIRSOR Ixecutive Director Subject: FIRST ~ TO RANCON (DOWRTOWB) EXCLUSIVE lUGOTUTIlIG AGRBBMBlIT Date: April 14, 1992 SvnoDsis of Previous C~issionlCnnn~il/C~ittee Action(s): On September 3, 1991, the Community Development Commission authorized the Executive Director to execute an Exclusive Right to Negotiate Agreement with RANCOR Financial Corporation regarding development of the block between 4th and 5th Streets and "D" and "I" Streets. RecommPnded Motion(s): (C..-itv Develollment C~ission) MOTION That the Executive Director be authorized to execute a First Amendment to Exclusive Negotiating Agreement between the Community Development Commission of the City of San Bernardino and RANCOR Financial Corporation to extend the termination date an additional 180 days to October 31, 1992. ~~ON Executive Director Administrator Contact Person(s): Kenneth J. Henderson/John Hoeaer Phone: 5081 Project Area(s): Central Citv Rorth Ward(s): 1 Supporting Data Attached: Staff ReDort: MaD: Letter: Draft Aareement FURDIRG REQUIREMENTS: Amount: $ Rone NIA Source: Budget Authority: RIA CommissionlCn''''~il Notes: KJH:JBH:lmp:2l69B COIMISSION RBBTIlIG AGBBDA Meeting Date: 04/20/1992 Agenda Item. !IuIIIber: ~ o o o o 0 DBVBLOPRB.r DBPARrRB.r OF t'IIB CITY OF SAB' _&IInmo STAn' UPORr Firat .1.............1: to IPAwm1I (Dcnm.t01lD.) .....,.lualve Reaotiatfn. Aare.....t: The Exclusive Hegotiating AgreeJllent between the COllllll1mity Development Commission and Rancon Financial Corporation for negotiation of a development aareeJllent for the downtown block shown on the attached map will expire on April 30, 1992. Rancon has requested in the attached letter that the agreeJllent be extanded for an additional six months due to the difficulties in obtaining financing in the current real estate market. At the same time, Agency Staff has been exploring options regarding the associated parking structure whose construction could be expedited by separating it from the office tower construction. Rancon has been negotiating diligently and has been responsive to staff during the negotiation period. In view of the need for significant development in the downtown core and current efforts by staff and by Rancon to secure prospective tenants for the office tower, it is appropriate to grant a 180 day extension by approving the execution of the attached First Amendment. The amended agreement would then expire on October 31, 1992. Staff recommends adoption of the form motion. ~. llzecutive Director D_elo~t DepartlleD.t KJH:JBH:lmp:2l69B COIIIISSIo. IIBBTIK AGlRDA Reeting Date: 04/20/1992 tf AgeDda It_ llaaber: o o --1 ! , o CD o (!)II@) I! L tr: I 114-141 @ ...IiO' t.:.::\. 1e:J ~.. 8 I @ I . 111= @ 14 IS @ @ I --, ! I -4ffi-- o If o o o APRI4191l March 23,1992 Mr. Tim Steinhaus AGENCY ADMINISTRATOR ECONOMIC DEVELOPMENT AGENCY 201 North E Street Third Roor San Bernardino, CA 92401 RE: EXCLUSIVE RIGHT TO NEGOTIATE Dear Mr. Steinhaus: o Rancon respectfully request an extension on the Exclusive Right to Negotiate for block at 4th, 5th, "0" and "E" for approximately six (6) months. The uncertainty of the real estate financial market has escalated the last 12 months to a point where our basic assumptions regarding Cornerstone financing continue to be revised. Another cause for extension is the Economic Development Agency's need to separate the garage design and construction on an independent time line to facilitate an early "Fast Track" schedule for the garage and associated retail space. We will continue to work on the structure of this deal and look to your favorable response.. Roderick Q. MacDonald Vice President Development c: John Shaw Rancon chron o 27720 JcIf..... A_lie r.......... CoIiIomia 92S!lO t714) 676-6664 . tf o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " o o o o FIRS'l' AMENDMEIft' '1'0 EXCLUSIVE KEOO'l'IA'l'INO AOREDDDI'r BB'l'WBDI' THE COMMUHI'l'Y DBVBLOPMBll'l' COMMISSIOR OF THE CI'l'Y 01' SAN BBRHARDINO AND RAHCOH FINANCIAL CORPORATION This First Amendment to Agreement, ( the R Amendment R ) , is entered into by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, (the RAgencyR), and RANCON FINANCIAL CORPORATION, a California General Corporation, (the RDeve10perR), this , 1992. day of Section 1. Recital.. The parties hereto acknowledge that: A. The parties entered into that certain RExc1usive Negotiati!lg Agreement Between the Community Development Commission of the City of San Bernardino and Rancon Financial CorporationR dated September 3, 1991. B. Said Agreement expires on April 30, 1992. C. The. parties. have found that there is a need to separate the garage design and construction from the main development to provide for an earlier commencement of construction. D. The Developer has found, due to the current economic climate, a difficulty in attracting tenants. E. The parties are still in J;1egotiations on the terms and prOVisions of a Disposition and Development Agreement. F. It is in the best interests of the parties and of the City of San Bernardino to extend the term of the Agreement an additional one hundred eighty (180) days. /II DAB/bg [Rancon.1AM] 1 April 13, 1992 Lf , . . " o o o 1 2 3 4 "5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 'J:l 28 o o Sec'tion 2. Ex'tension of Agr....n't. The above referenced Agreement is hereby amended to provide in Section 6 thereof that the original term of two hundred forty (240) calendar days to expire on April 30, 1992, shall instead be four hundred (400) calendar days to expire on October 31, 1992. Sec'tlon 3. Remainder of Agreeaen't. Except as amended herein, said Agreement shall continue in full force and effect. IN WITNESS WHEREOP, the Agency and the Developer have each signed this First Amendment to Agreement as of the day and date first above shown. COMMUNITY DBVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO BY: Kenneth J. Henderson Executive Director Approved as to form and legal content: '~fb/ Agency nsel - ON BY: TITLE:~A~'~ DAB/bg [Rancon.1AM] 2 April 13, 1992 If f o o DBVBLOPMENT DBPARTMBNT OF THE CITY OF SAN BERNARDINO TO: KENNETH HENDERSON, EXECUTIVE DIRECTOR FROM: John Hoeger, Project Maulger SUBJECT: RANCON (DOWNTOWN) IPCCLUSIVE NEGOTIATING AORIlIlU'R)ff DATE: April 20, 1992 COPIES: Sl8fford Parker, Deputy Director The Exclusive Negotiating Agreement MMlme effective Sep 3, 1991. On Oct 21, 1991 the Com"1i...gon accepted Rancon's initial concept study which accomptisbed the vast majority of items for which Rancon was responsible UDCIec the Agreemeot. Tbc majot' step which n-.......inc ......ccomplished is obha""", letters of commitweot from ,e-......" willing to lease 75'1 of the proposed space. DATH SPBl.:.....1ID AcruAL BY AGRBBMBINT DATH Undertake feasibility studies November 2, 1991 September 3, 1991 Undertake planning studies November 2, 1991 September 3, 1991 Determine parcellocatioDS November 2, 1991 October 21, 1991 Begin negotiating January 1, 1992 October 21, 1991 - Disposition Agmnt A Present preliminary concept January 1, 1992 October 21, 1991 design Present market feasibility January 1, 1992 October 21, 1991 information Present parking needs January 1, 1992 October 21, 1991 assessment Present parcel locations January 1, 1992 October 21, 1991 Obtain commitments for February 29, 1992 - 7S'I of space ~~1 p~ /II,'} , , o o Rancon is also required to submit montbly stabJs reports which they have done through regular meetings with all conccmcd. Tbc Agreement expires on Apri130, 1992, however this may be extended if both parties agree in writing. Tbc Agreement, however, docs not give the Executive Director authority to execute such an extension without Commission approval. Please do not hesitate to ask if you need any additional information. ~{~~ JOHN B. HOliGER, PROJECT MANAGER Development Division - IIl42lIdl '- ^