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HomeMy WebLinkAboutR03-Redevelopment Agency " ~ ' RE~VELOPMENT AGENCY-R!'QUEST FOR e6.1SSION/COUNCIL ACTION ,li.o.om: Glenda Saul, Executive Director )rapt: Redevelopment Agency Subject: CENTRAL CITY COMMERCE CENTER PARKING LEASE - WOOLWORTH BUILDING Date: May 23, 1986 Synopsis of Previous Commission/Council action: 2/21/83 Resolution No. 83-53 adopted a Parking License Easement Agreement, Central City Commerce Center, Woolworth Building 2/18/84 Approval in concept of Amendment to Lease. Agency Counsel instructed to prepare. 3/7/85 Resolution No. 4737 adopted an Agreement amending Parking License and Easement Agreement. Recommended motion: (COMMUNITY DEVELOPMENT COMMISSION) c a) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING). (MAYOR & COMMON COUNCIL) b) MOVE TO ADOPT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A CONSENT TO A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING). &~ JwJ Signature Contact person: GlcuJc. Saul Phone: 383-5081 Supporting data sttached: FUNDING REQUIREMENTS: "LES Amount: $ Ward: 1 . N/A Project: CC Elu:erpr1se Zone Date: June :.:, ~~llb No adverse Impact on City: .- ,,-. nci! Notes: QF.7r.1.TJ.1 6/2/86 1'1 .-, . 'CIT~ OF SAN BERNARDlfio , :; - REQUEI'r FOR COUNCIL ACTION ,.,.... STAFF REPORT """""'-" In 1983, the Agency entered into an Agreement with the owners of the Woolworth Building, leasing to them 80 total spaces in the 3-level parking structure -- 35 on the third level and 45 spaces on land leased by the Agency from Central City Company (15 year lease). The cost to the Agency, under the lease agreement is approximately $14,000 annually. Agreement also contains an option to purchase the parking spaces during the fifteenth year of the agreement. Under the terms of the lease, the owners of the Woolworth Building pay to the Agency $13,000 per year for five years, for a total of $65,000 to reimburse the Agency for the cost of construction of the 45 spaces on the ground level (referred to as the "J" site). Owners are also obligated to pay $20/month for each parking space. The income received by Agency is necessary to pay monthly operational costs of about $1,172.00. On February 18, 1985 staff presented a request from the lessee for an amendment to the lease to provide that monthly payments not start until first occupancy of the Woolworth Building. The Commission, recognizing the difficulties encountered, approved the request in concept and instructed Agency Counsel to prepare the Amendment. The First Amendment was approved March 7, 1985. The developer is in default of his agreement with the Redevelopment Agency to rehabilitate the Woolworth Building. He claims that the strict parking fees of $20/space per month have discouraged prospective tenants. The First Amendment provides that payment for parking spaces will be waived until a tenant is located. .1""" "--- Cost analysis (a copy of which is attached for your review) was presented at the last Redevelopment Committee meeting, reflecting status to date. At that time, a Second Amendment was negotiated.which extends the agreement for two years for which developer agreed to pay $26,000 in addition to the $65,000 heretofore agreed to. The developer also agreed to negotiate with owner of the parking spaces, Central City Company, to purchase said spaces prior to the fifteenth year of the agreement as originally set out. The Second Amendment to the Parking License and Easement Agreement is attached for your review. . Staff recommends approval. . I""" "--- 967G/JW 6/2/86 c -- - '-' - '- -, '-" -....I WOOLWORTH BUILDING AGREEMENT COST ANALYSIS :) Status as of 5/6 I. CENTRAL CITY COMMERCE CENTER - WOOLWORTH BUILDING A. Parki ng Ll cense and Easement with Opti on to purchase dated 4/21/83 - 20-year term with right to extend B. Obligations of Central Citv Commerce Center ("Center") 1. Rehab Woolworth building - commence 180 days (10/83); complete 4/84 (501 occupied) 2. Pay $13,OOO/yr, 5 yrs; totalling $65,000 - reimburse RDA for construction of parking of 45 spaces 3. Pay $20/mo/space ($200 x 80 sp. = $l,600/mo upon occupancy of building (amend #1) 4. Option to buy $135,000 during 15th year C. Obligations of RDA 1. Pay $2,750 to Central City Company - reimbursement of capital expenditure 2. Pay $920/mo to Central City Company - rent on 45 spaces (years 1-5) 3. Option to buy during 15th year - $135,000 D. Termination - Upon Default of Center No tenants; no rehab $39,000 paid (3 yrs) $13,000 4th yr now due o received-no leases Not applicable at this time Paid - 1983 $33,028 paid to date Not applicable at this time II. RDA AGREEMENT/OPTION WITH CENTRAL CITY COMPANY A. RDA to pay $920/mo (years 1-5) RDA to pay $l,500/mo (years 6-10) RDA to pay $2.500/mo (years 11-15) Exercise option during 15th year - $135,000 Not applicable at this time B. Term can be negotiated between parties $33,028 paid to date . c ~ .,- .r- '-' -- '- ~ -....,.."" ./ III. SOURCE AND APPLICATION OF FUNDS A. Current AQreement Source $13,OOO/year x 5 years (3 years paid to date - $39,000) $65,000 Lease 20 sp x 80 x 12 = $19,200 per year upon occupancy Application Construction cost - 45 spaces Leases, $920 mo x 36 mos Taxes 82/83 through 85/86 $46,815 33,028 13.193 B. Proposed Amendment - Two-Year Extension Source $13,OOO/year x 5 years $13,OOO/year x 2 additional years Lease $20/space x 80 x 12 upon occupancy $65,000 26,000 Application Construction Lease $920 x 60 mos Taxes 82/83 through 87/88 46.815 55,200 21.193 Tax Increment $400,000 rehab x 1% - $4,000 $32,208/$4,000 - 8 years assistance Rent of spaces to offset future costs. 1808K/ def 2 :) $65.000 93.036 $(28,036) $91,000 123.208 $<32,208) . ,- '- ~,- "", :) '-- ~-' RESOLUTION NO. 1 '-, RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 2 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION 3 RIGHTS, CENTRAL CITY COMMERCE CENTER (WOOLWORTH BUILDING) 4 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: c - .......... 5 6 SECTION 1. Th. Chairman and Secretary of the Community Development Commission of the City of San Bernardino are hereby authorized and directed to execute a Second Amendment to Parking License and Easement with Option Rights between the Community Development Commission of the City of San Bernardino and Central City Commerce Center, with such non-substantive changes to said amendment as may be approved by the Chairman and Agency Counsel. A copy of said amendment is attached hereto as Exhibit "1" and incorporated herein by this reference as though fully set forth 7 8 9 10 11 12 13 14 15 at length. Dated: 16 17 18 19 20 21 22 23 24 25 26 27 28 Approved as to form: AGENCY COUNSEL By ~~ -t: ..If", ~~ -_./ Allen R. ~~~~ The foregoing resolution was duly adopted by the following vote, to wit: Members AYES: . NAYS: ABSENT or ABSTAIN: {2./ '3,A l- ""'" - ~ v <."'..', . "'..,.,,# '-", -...I RESOLUTION NO. 1 -- RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND ~. 2 DIRECTING THE EXECUTION OF A CONSENT TO A SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS, CENTRAL CITY 3 COMMERCE CENTER (WOOLWORTH BUILDING) 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ,- '- -- '- 5 6 SECTION 1. The Mayor of the City of San Bernardino is . 7 hereby authorized and directed to execute a Consent to a Second Amendment to Parking License and Easement with Option Rights between the Community Development Commission of the City of San Bernardino and Central City Commerce Center, consent to which by the City of San Bernardino is required. A copy of said amendment is attached hereto as Exhibit -1- and incorporated herein by this 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1986, by the following vote, to wit: Council Members AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this , 1986. day of Mayor of the City of San Bernardino r<... 3 13 -' ----- ----- c 0 0 J Approved as to form: 1 '- 2 ..12//.t)Y/A/:-cf.-/ " / .. ~J~ 3 City Attorney 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 2 c ",_.' 1 "'- 2 3 4 5 6 7 8 ,... 14 '-' 15 16 17 18 19 20 21 - '- -- ~ U """\ ....,~ - -.."I SECOND AMENDMENT TO PARKING LICENSE AND EASEMENT WITH OPTION RIGHTS THIS SECOND AMENDMENT entered into effective the day of , 1986, between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, hereinafter "Agency", and CENTRAL CITY COMMERCE CENTER, a California general partnership, as licensee, hereinafter "Center", and consented to 9 10 11 12 13 by the CITY OF SAN BERNARDINO, hereinafter "City", amends that certain Parking License and Easement with Option Rights entered into between the parties on the 21st day of April, 1983, as previously amended pursuant to Resolution No. 4737 of the Community Development and Resolution No. 85-84 of the City of San Bernardino. 1. Recitals. The parties hereto desire to amend that certain Parking License and Easement with Option Rights, hereinafter referred to as the "Agreement", heretofore entered into as specified above, to provide for an additional two years within which Center is to complete the rehabilitation of the Woolworth Building, and to provide that Center agrees to pay the sum of $13,000 per year for each of the two additional years beyond Center's present obligations under the Agreement. Center further desires to actively negotiate with Central City Company 22 23 to purchase the real property known as the "J" Building, 24 25 including its parking spaces, from Central City Company prior to . the fifteenth year of the option agreement granted to City or 26 Agency by Central City Company, if such is possible, and seeks 27 Agency and City's to such action. 28 2. Implementation. The parties therefore agree that: 1 c ,- I I""... 2 3 4 5 6 7 8 ,,"'..', ~) " ,.,'" ......J A. Section 2 of the Agreement is amended to provide that Center agrees to rehabilitate the Woolworth Building as soon as a tenant can be reasonably located, and to rehabilitate the Woolworth Building to increase its valuation for tax purposes by a minimum of $400,000, and that the rehabilitation shall be completed not later than two years from the date of execution of this amendment. B. Center shall pay to Agency, on or before the 21st 9 day of April in 1988 and 1989, the sum of $13,000 each year, 10 which shall have the effect of continuing Center's payments to 11 Agency for two years beyond its present obligation. 12 C. Center agrees to actively pursue the possible 13 purchase from Central City Company of the real property known as C 14 the .J" Building, which has been developed as improved parking 15 spaces. City and Agency consent to such action, and agree to 16 support Center's actions in that regard. 24 25 By 26 - "'- 27 By 28 17 3. In all other respects, the Parking License and Easement 18 with Option Rights as entered into on the 21st day of April, 19 1983, and as previously amended, shall remain in full force and 20 effect. 21 IN WITNESS WHEREOF, the parties have executed this Agreement 22 effective as of the date and year first set forth above. 23 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CENTRAL CITY COMMERCE CENTER A Calif. General Partnership . By EVLYN WILCOX, Chairman NICHOLAS J. COUSSOULIS, A General Partner By GLENDA SAUL, Secretary DR. JEROME T. TAUREK, A General Partner 2 . c -- -,,", - v .~ -,-) 1 The City of San Bernardino hereby consents to this -- '-" 2 Agreement: 3 CITY OF SAN BERNARDINO 4 5 By Mayor 6 Attest: 7 8 9 City Clerk 10 Approved as to form: 11 tiZ~"'t.)~~.P/ By 12 . f/ City Attorney 13 r- 14 ByJljt., R. ~ '- 15 Agency Couns 16 17 18 19 20 21 22 23 24 . 25 26 ,...- 27 '- 28 :3