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HomeMy WebLinkAboutR12-Redevelopment Agency ..... -.l. J. III 4. o o o Redevelopment Agency . City of San Bernardino 300 North "D" SIIee~ Fourth Floor . San BentlIrdino, California 91A18 (714) 384-5081 FAX (714) 888-9413 .e. In~ ~ ; SIn.. H. Dukett Execulive Director JUNE 14, 1989 ARTHUR GREGORY OWNER PARTICIPATION AGREEMENT PLATT BUILDING Synopsis of Previous Commission/Council/Committee Action: 10-24-83 Resolution 4542 authorized Owner Participation Agreement (OPA) for the rehabilitation of Platt Building. 01-06-86 Consideration of First Amendment continued to January 21, 1986. 01-21-86 Resolution No. 4843 authorized First Amendment to OPA. 06-06-88 Resolution No. 5118 authorized execution of a Second Amendment to the OPA. 10-22-88 Committee authorized revision of the Second Amendment. o Recommended Motion: (COMMUNITY DEVELOPMENT COMMISSION) That the Commission declare Arthur Gregory in default of the Owner Participation Agreement dated January 25, 1983 (amended January 21, 1986) and authorize staff and counsel to pursue all remedies available under said Agreement. Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Project: CCN (Platt Building) Commission Notes: o Item No. {, .. 14..11 ," SHD:GW:sn:2073H Agenda of: . ~ ,- . o o Redevelopment Agency o STAFF REPORT This is to recommend that Mr. Arthur Gregory be declared in default of the Owner Participation Agreement (OPA) in effect and that the Agency be authorized to pursue collection of $50,000 due under the liquidated damages clause of the OPA. BACKGROUND On January 25, 1983, the Agency entered into an OPA with Arthur Gregory (Owner) for the rehabilitation of the Platt BUilding, which required a minimum construction value of $1,200,000. The Agency's obligations included the acquisition and demolition of an adjacent building (Ross ton Barber College) and construction of parking. This parking would then be leased to the Owner for use by tenants of the Platt Building. Due to delays in the construction of the new barber college on 5th Street, the Agency was unable to proceed in a timely manner. This, in turn, delayed the rehabilitation of the Platt Building and caused the necessity to amend the agreement to provide a one-year extension. o Since the execution of the OPA and First Amendment, the Owner has been unable to secure tenants for the building and has not completed the exterior rehabilitation. The Community Development Commission approved a Second Amendment on June 6, 1988 providing additional time to complete the building renovation. This Amendment was never executed by Owner. Several attempts were made by staff to secure an executed Second Amendment and on September 9, 1988 Owner was informed that he was in technical default. On October 5, 1988, Owner met with Agency staff, Ann Harris of Main Street and Wayne Overstreet of Public Buildings. As a result of the meeting, the Owner verbally committed to begin renovation, and requested a revised Second Amendment which was later developed. The revised Second Amendment required the Owner to deposit $50,000 with the Agency to insure completion. This replaced the $50,000 liquidated damages provision in the OPA. The Owner did not execute the revised Second Amendment and has not been responsive. In light of the above, it is, therefore, recommended that Mr. Arthur Gregory be declared in default of the OPA and that Agency staff and counsel be authorized to pursue collection of $50,000 due under the liquidated damages clause of the OPA. o SHD:GW:sn:2073H 2