Loading...
HomeMy WebLinkAboutRS1-Economic Development Agency i I c o c ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ~ (!); GS))j! SUBJECT: FROM: Name, Director TIPPECANOE RETAIL PROJECT: Operating Memorandum and Indemnity Agreement DATE: August 2, 2002 SvnoDsis ofPrevions Commission/Couneil/Committee Action(s): On July 12, 1999, the Commuoity Development Commission approved a Cooperation Agreement with the IVDA for the Tippecanoe Retail Project (the "HUB"). On May 21,2001, the Community Development Commission and the Mayor and Common Couocil certified a Final Environment Impact Report for the HUB project; approved a Disposition and Development Agreement with SBT Partners, LLC; and approved the Harriman Place Improvement Project Acquisition, Construction and Financing Agreement between the City and Agency. On September 17,2001, the Commuoity Development Commission approved an Owner Participation Agreement with In-N-Out Burgers, Inc. On November 5, 2001 the Community Development Commission authorized execution of a Redevelopment Condemnation Memorandum by and between IVDA and the Agency. Recommended Motion(s): (CommuDitv DeveloDment Commission) MOTION: To authorize the Executive Director to execute an Operating Memorandum by and between the Redevelopment Agency of the City of San Bernardino and SBT Partners, LLC and to execute an Indemnity Agreement with First American Title Insurance Company. Contact Person(s): Gary Van Osdel/John Hoeger Project Area(s) IVDA Phone: 663-1044 Ward(s): Third Supporting Data Attached: Ii!l Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo FUNDING REQUIREMENTS Amount: $ See Text Source: n/a Budget Authority: n/a SIGNATURE: Commission/Council Notes: ------------------------------------------------------------------------------------------------------------.----------------------------- GVO:jbh:TIPP 02-0802 cdc item re indemnity agreement.doc COMMISSION MEETING AGENDA Meeting Date: 08/05/2002 Agenda Item Number: M , I o o c ECONOMIC DEVELOPMENT AGENCY STAFF REPORT TIPPECANOE RETAIL PROJECT: Oneratinl! Memorandum and Indemnity Al!reement BACKGROUND The Agency has acquired title to 31 ownerships in Phase I ofthe Tippecanoe Retail Project (the "HUB") on the Northwest corner of Tippecanoe Ave and 1-10. The seven remaining ownerships are subjects of condemnation actions brought on behalf of the Agency by the Inland Valley Development Agency (IVDA). As to these seven: one has been settled and is in escrow; another is expected to be settled; and, orders for immediate possession have been obtained in the remaining five. Although the Agency (thru IVDA) has been awarded orders for possession of these five, the condemnation actions are not complete due to challenges over valuation issues and the right to take. CURRENT ISSUE The Agency is preparing to transfer the land for Phase I to the HUB Developer under the terms of the Disposition and Development Agreement. However, two problems arise with respect to a transfer. First, clear title is not available at this time due to the continuing status of the condemnation actions. Second, the DDA did not contemplate transfer without clear title. Clear title will not be available until litigation or settlement of all of the eminent domain issues is complete. To cure this title defect, First American Title Company requires that the Agency provide an indemnity to protect against the outcome of the condemnation cases. Before issuing an indemnity, the Agency wants to insure agreement with the developer over the status of certain rights that are in the development agreement, which did not contemplate transfer prior to resolution of title matters. These include the right to terminate and the maximum extent to which the development may proceed prior to completion of the court actions. Adoption of the form motion will authorize the execution of an Indemnity Agreement that protects First American Title Company from adverse results in the Agency's HUB condemnation cases and an Operating Memorandum to set forth limits on the extent of development until after resolution of certain aspects of the condemnation actions. ------------------------------------------------------------------------------------------------------------------------------------------- GVO:jbh:TIPP 02-0802 cdc item re indemnity agreement.doc COMMISSION MEETING AGENDA Meeting Date: 08/05/2002 Agenda Item Number: I I c o c FISCAL IMPACT These documents will not create any new fiscal impact by virtue of their execution; nevertheless the Indenmity Agreement memorializes an existing contingent liability in the event of an adverse ruling in one or more eminent domain action. The Operating Memorandum regulates the size of that exposure during phases in the condenmation litigation. RECOMMENDATION Staff recommends adoption of the form motion authorizing execution of the Operating Memorandnm and the Indemnity Agreement. Cary Van Osdel Executive Director --------------------------------------------------------------------------------------------------------------------------------- GVO~bh:TIPP 02-0802 cdc item re indemnity agreement.doc COMMISSION MEETING AGENDA Meeting Date: 08/05/2002 Agenda Item Number: