HomeMy WebLinkAboutCDC/2011-26
CDC/2011-26
1
2
3
4
5
6
7
8
9
RESOLUTION NO. CDC/2011-26
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE EXCLUSIVE
RIGHT TO NEGOTIATE AGREEMENT ("ERN") BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") AND PANATTONI DEVELOPMENT
COMPANY, INC. ("DEVELOPER") TO REVISE THE TERMS AND
SCHEDULE FOR DEVELOPER PERFORMANCE.
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
10
public body, corporate and politic existing under the laws of the State of California, California
11
Community Redevelopment Law, Health and Safety Code Section 33000, et seq. (the "CRL"), and
12
is charged with the mission of redeveloping blighted and underutilized land; and
13
WHEREAS, the Community Development Commission of the City of San Bernardino (the
14
"Commission") is the governing body for the Agency; and
15
WHEREAS, on March 7, 2011, the Agency executed an ERN with the Developer for the
16
potential redevelopment of the Carousel Mall site located at 295 Carousel Mall, in the City of San
17
Bernardino, California (the "Property"); and
18
WHEREAS, the existing ERN provides for a 180 day termination date from a March 7, 2011
19
effective date; and
20
WHEREAS, the developer has requested an Amendment to the existing termination date to:
21
"180 days following the submittal of a Master Site Plan of the Carousel Mall Site from the Agency";
22
and
23
WHEREAS, Agency staff supports the requested Amendment to improve the likelihood that
24
a potential development proposal by the development shall reflect the Agency's goals for
25
redevelopment of the property.
26
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
27
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
28
1
P:\Agendas\Resolutions\Resolutions\20 11 \05-16-11 Panattoni Amendment No. 1 to ERN CDC Reso.docx
1 FOLLOWS:
2
Section 1.
3 correct.
4
Section 2.
CDC/2011-26
The information set forth in the above recitals of this Resolution is true and
The Commission hereby approves said Amendment No. I by and between the
5 Agency and the Developer in the form as attached hereto as Exhibit "A," and hereby authorizes the
6 Interim Executive Director to execute said Amendment No.1 with the Developer on behalf of the
7 Agency together with such technical and conforming changes as may be recommended by the
8 Interim Executive Director and approved by the Agency Counsel and the City Attorney. The
9 Interim Executive Director of the Agency or such other designated representative of the Agency is
10 further authorized to do any and all things and take any and all actions as may be deemed necessary
11 or advisable to effectuate the purposes of the Agreement, including making non-substantive
12 modifications to the Agreement.
This Resolution shall take effect from and after its date of adoption by this
13 Section 3.
14 Commission.
15 III
16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
P:\Agendas\Resolutions\Resolutions\201 1\05-16-1 1 Panattoni Amendment No.1 to ERN CDC ResQ,docx
2
1
2
3
4
5
6
7
CDC/2011-26
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AMENDMENT NO.1 TO THE EXCLUSIVE
RIGHT TO NEGOTIATE AGREEMENT ("ERN") BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("AGENCY") AND PANATTONI DEVELOPMENT
COMPANY, INC. ("DEVELOPER") TO REVISE THE TERMS AND
SCHEDULE FOR DEVELOPER PERFORMANCE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a j oint regular
9
meeting thereof, held on the 16th day of
10 Commission Members:
11 MARQUEZ
12 VACANT
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
20
21 The foregoing Resolution is hereby approved this
22
23
24
May
, 2011, by the following vote to wit:
Ayes
Nays
Abstain
Absent
x
-1L
x
x
x
-1L _
secr:xf ~
-r~
1'1 day of May
, 2011.
~erson
Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
26 BY:~
27 Agency unsel
28
3
P:\Agendas\Resolutions\Resolutions\2011\05-16.11 Panattoni Amendment No 1 to ERN CDC Reso.docx
CDC/2011-26
EXHIBIT" A"
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
Amendment No.1 to the Exclusive Right to Negotiate Agreement
4
P:\Agendas\Resolutions\Resolutions\201 1\05-16-1 1 Panattoni Amendment No.1 to ERN CDC Reso.docx
CDC/2011-26
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
201 North "E" Street, Suite 301
San Bernardino, CA 92401
FIRST AMENDMENT TO THE
REDEVELOPMENT AGENCY OF THE CITY SAN BERNARDINO EXCLUSIVE RIGHT
TO NEGOTIATE AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
PANATTONI DEVELOPMENT COMPANY, INC.
DATED MAY 16, 2011
1
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\05-16-11 Panattoni Amendment No.1 to the 2011 ERN.docx
CDC/2011-26
AMENDMENT NO.1 TO THE EXECLUSIVE RIGHT TO NEGOTIATE AGREEMENT
BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AND PANATTONI
DEVELOPMENT COMPANY, INC.
THIS AMENDMENT NO. 1 TO THE EXECLUSIVE RIGHT TO NEGOTIATE
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO (the "AGENCY") AND PANATTONI DEVELOPMENT
COMPANY, INC. ~the "DEVELOPER") DATED MARCH 7, 2011 (this "Amendment No.
1") is made this 16 h day of May, 2011, by and between the Agency and the Developer.
RECITALS
WHEREAS, the Agency and the Developer entered into that certain Exclusive
Right to Negotiate Agreement dated March 7, 2011 (the "Original ERN"); and
WHEREAS, the Agency and Developer desire to amend the terms of the Original
ERN, pursuant to the terms and conditions as set forth below in order to revise the
terms and schedule for Developers performance.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
AGREEMENT
Section 1. Section 1.d of the Original ERN is amended to read as follows:
1.d This Agreement shall automatically terminate, without further notice or action,
and be of no further force and effect (i) the latter of one-hundred-eighty (180) days
following the submittal of a Master Site Plan of the Carousel Mall site from the Agency,
or (ii) immediately upon the effectiveness of a Development Management Consultant
with the Developer, unless:
(1) The parties each agree at their sole discretion to extend the term of this
Agreement in writing to a specific date, subject to the Interim Executive Director of the
Agency first making a finding based upon written documentation and other facts
presented to verify that satisfactory progress is being made to complete the activities to
be performed by the Developer set forth in Section 5; or
(2) A party terminates this Agreement as provided under Section 18 or
section 19, as applicable.
Notwithstanding the above, if no Master Plan is delivered, this Amendment shall
terminate in one (1) year on May 16, 2012, unless terminated earlier if the Master Plan
is delivered but in any event such termination shall occur not later than May 16, 2012.
Section 2. Section 3.c of the Original ERN is amended to read as follows:
2
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\05-16-11 Panattoni Amendment No.1 to the 2011 ERN.docx
CDC/2011-26
3.c Within sixty (60) calendar days following submittal of a Master Site Plan of the
Carousel Mall site from the Agency, the Developer shall submit to the Agency a
proposed scope of work for the development of the property (the "Proposal").
Section 3. All of the other terms of the Original ERN shall remain in effect.
SIGNATURES APPEAR ON NEXT PAGE
3
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011105-16-11 Panattoni Amendment NO.1 to the 2011 ERN.docx
CDC/2011-26
IN WITNESS WHEREOF, the undersigned have executed Amendment NO.1 as
of the date first above written.
DEVELOPER:
PANATTONI DEVELOPMENT COMPANY, INC.,
a California corporation
By:
Date:
Mark D. Payne
President
AGENCY:
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By:
Emil A. Marzullo
Interim Executive Director
Date:
APPROVED AS TO FORM:
4
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\05-16-11 Panattoni Amendment No.1 to the 2011 ERN.doex
CDC/2011-26
STATE OF CALIFORNIA )
COUNTY OF )
On the _ day of , 2011 before me, personally
appeared , who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity and that by his signature on the instrument the person or entity upon behalf of
which the person acted executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(signature)
(seal)
STATE OF CALIFORNIA
COUNTY OF
)
)
On the _ day of , 2011 before me, personally
appeared , who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity and that by his signature on the instrument the person or entity upon behalf of
which the person acted executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(signature)
(seal)
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011\05-16-11 Panattoni Amendment No.1 to the 2011 ERN. doc><
CDC/2011-26
EXHIBIT A-1
AMENDED AND RESTATED REQUIRED BUILDING STANDARDS
TO REPLACE EXHIBIT A-1 OF THE ORIGINAL DDA
Agency Approval of the DDA
June 2, 2003
Current Residential Codes, Regulations and Design Guidelines of the City of San
Bernardino as the same may exist as of such time when building permits are issued by
the City of San Bernardino for the private development and infrastructure comprising the
Project pursuant to the DDA.
P:lAgendaslAgenda AttachmentslAgenda AtlachmentslAgrmts-Amend 2011\05-16-11 Panatloni Amendment No.1 to the 2011 ERN.docx
CDC/2011-26
EXHIBIT B
AMENDED AND RESTATED SCHEDULE OF PERFORMANCE
TO REPLACE EXHIBIT G OF THE ORIGINAL DDA AND EXHIBIT B OF THE
CLARIFICATION
(Days shall be calendar days, and all dates herein are subject to change due to force
majeure in accordance with Section 6.05 of the DDA)
Agency Approval of the DDA
June 2, 2003
The Developer shall perform the following after receipt of the relevant government
approvals and permits:
1. After the date of approval of Amendment No. 3 to the DDA, the Developer shall
commence construction of the Project (as approved) within the later to occur of
either (i) sixty (60) days after the execution of the Amendment NO.3 to the DDA,
or (ii) receipt of approval of building plans from the City of San Bernardino.
2. Complete construction of the Project on or before the ih anniversary after the
execution of the Amendment NO.3 to the DDA.
P:lAgendaslAgenda AttachmentslAgenda AttachmentslAgrmts-Amend 2011105-16-11 Panattoni Amendment No.1 to the 2011 ERN.docx