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HomeMy WebLinkAboutR06-Redevelopment Agency -'-;--r'---'~-- . --- -" --..-- -..------- aGEIIDA Jit DlFOJlMATlClll ~y o . GmEW, lIlFOJlMA'flClllI C DanA CClMMl'l'TEE I;iICCMKlISlClll 0 CQUIICIL A\1~or '}, ~~ "- Bxt. 3'130 Subject :'-bI:"::.-.1!!r~' 'A~ ~ ~,,--i.:f ~- i<-_L..J l)"6"~ !'1In4ing nquireaents N /tJf . . I ~ Date Date tin DaU D Manager i '. F' IlEPAR'1'MEN'1'AL IlEVIDh !~ . ~ Dept By Date Bul!get authority IV lit &-/;<'C6 /g-tj 7/> . Filing date Meeting ISate tlarl! (/1.1 project Area (.(~~ CLEAJUlNCES. Yes Il/A 0,rgJ Accounting Date ~O 4a-?.I~"'" ^ "fCl r f b/;5 ~ttee Date 0181 ~A) Date 1ZI0 /'-';'1-(1 ty Atto y Date O~ city Administrator Date 11 Slept By Date DIFOJIMA'fICIIlAL DATA FOJlWAJU)ED TO CITY DEPAR'J'KEN'J'S/COUNCIL OFFICES: suppliel! To By Date IlAYor's office Council tlarl! Council tlard Council tlarl! Council tlard Sleparu-nt Deparaent TS/CONCERNS. Inclul!e pertinent c_nts anI! concerns of offices and penon. clearing summary, such as controvarsial isauea, ti~ constraints anI! funl!ing complication.. Indicate ISates when action .ust be taken. p . . o o o o o Redevelopment Agency · City of San Bernardino 300 Ncrth "D" Stree~ Fourth Floor . Son Bernardino, Califcmia 92418 (714) 384-S081 FAX (714) 888-9413 PrIde " ~.. Steven H. Dukett Executive Direcror JUNE 27. 1989 STATUS OF AGREEMENTS IN DEFAULT OR TECHNICAL DEFAULT Synopsis of Previous Commission/Council/Committee Action: 6/27/89 Committee reviewed the report on the status of projects in default or technical default. Recommended Motion: a. That the attached report of the status of projects in default or technical default be received and filed; and o b. That the agreement with Ted and Jacqueline DeGroot be declared in default and that Agency staff and counsel be authorized to pursue all remedies under the agreement. Resp Supporting data attached: Hard: FUNDING REQUIREMENTS: Project: Commission Notes: c SHD:JH:kp:2098H Agenda of: July 5. 1989 Item No. 10 . . o o o o Redevelopment Agency c STAFF REPORT --------------------------------------------------------------------- On June 8, 1989, staff presented the Redevelopment Committee a current activity status report which, among other things, indicated which projects were in default of, required an amendment to, or did not comply with the terms of their agreements. The report was shared with the Commission on June 19, 1989. The Committee requested that a separate report on projects in default or technical default be prepared and that appropriate options be listed. The data contained in the attached report on twelve (12) of the Agency's projects was, therefore, culled from the earlier report, updated and expanded by adding two additional elements to each effected project. The first element clearly states the reason for the default or technical default; and the second provides one or more options to pursue. o The projects listed on the attached report are divided by type. The first three listed (DeGroot, King and Platt Building) represent projects with significant problems. The Commission has already declared the King and Platt Building projects in default. Given the current status of DeGroot; it is staff's recommendation that this project also be declared to be formally in default. The next five projects (i.e., Nos. 4 through 8).need resolution on significant issues, but in each case the developer is activity negotiating with Agency staff for appropriate amendments to their agreements. The last four projects (i.e., Nos. 9 through 12) have only minor technical problems for which resolution is imminent. It is, therefore, recommended that the report be received and filed and that the Commission declare Ted and Jacqueline DeGroot in default on their agreement and that Agency staff and counsel be authorized to pursue all remedies under the agreement. o -2 - . . o o o o Redevelopment Agency c o o STATUS OF PROJECTS IN DEFAULT OR TECHNICAL DEFAULT (As of June 20, 1989) 1) DEGROOT * Description: A 20,000 SF industrial building to be built on Riverview Drive. * Owner: Ted and Jacqueline DeGroot * Status: The Agreement has been amended five times to allow in-lieu fees to be paid instead of proceeding with construction. Construction is once again overdue, but this time The Sunset Group expressed interest in amending the agreement for a longer time frame and considered substituting themselves for DeGroot. We were receptive to the concept of substitution and suggested a format for the new agreement which still retains the concept in-lieu payments until construction is completed. The Sunset Group informed staff on June 7, 1989 that they have a been unable to find a viable plan for development and, thus, will not proceed. * Estimated Development Value: $600,000 * Reasons for Default or Technical Default: Construction is late. * Options: Declare the developer in default and pursue revesting. The principal alternative is to attempt to negotiate a sixth amendment with the DeGroot's, however, they appear reluctant to pay any further in-lieu fees and are, apparently, unwilling or unable to develop the property. 2) KING DEFAULT * Description: An 11.3 acre parcel of industrial property on the NWC of Tippecanoe and Cooley Avenues. The developer was obligated to construct 5 industrial buildings totaling 145,000 SF and worth $5,000,000 under an agreement signed in 1979. * Developer: Chuck King & Associates * Status: Only one building (23,000 SF) was built and a second is currently under construction. Developer owed the Agency $44,000 in in-lieu fees as of January I, 1989. On November 21, 1988, the Commission authorized the City Attorney to proceed with litigation to recover the fees due. -3 - . . () o o o Redevelopment Agency o * Reason for Default or Technical Default: Refusal to pay in-lieu fees due under the agreement. * Options: That the City Attorney continue to proceed with the litigation. 3) PLATT BUILDING DEFAULT * Description: Renovation of an historic building at the SEC of 5th Street and E Street. The Agency was involved in obtaining parking which was used to expand the downtown parking lots as well as for the Platt Building. * Owner: Art Gregory. * Status: Owner is in default on completion of exterior improvements, partially due to difficulties in obtaining tenants. Remedy under existing agreement is $50,000 to Agency from owner. * Estimated Development Value: $1,200,000 o * Reason for Default or Technical Default: Developer is unwilling to proceed. * Options: That the staff continue to pursue the recent action taken by the Commission, notifying the developer that the agreement is in default and that $50,000 is due. 4) CAREL AND ASSOCIATES INC., (COURT & ALLEN) * Description: A five-phase project for 154 multi-family units and 170 mini-storage units on former Agency-owned property located between 3rd and 4th streets, west of Waterman. * Developer: Cliff R. Carel and Associates. * Status: Developer has completed Phases I through III. Phase IV for 70 multi-family units and Phase V for 170 mini-storage units have not been started. Property for Phase IV has transferred to the developer, but property for Phase V remains in the ownership of the Agency. Developer is in default on commencement of Phases IV and V. Negotiations have been carried on for some time and were temporarily suspended awaiting the adoption of the amended General Plan. Negotiations have now been reopened. o * Estimated Development Value: $5,980,000 -4 - . . o o o o Redevelopment Agency o * Reason for Default or Technical Default: Construction is late on Phases IV and V and developer has not completed installation of an underground storm drain. * Options: The developer has been given until July 7, 1989, to respond to staff's recent request for a specific development proposal as a result of the amendment of the General Plan. Staff will endeavor to negotiate an appropriate amendment upon receipt of the proposal. The prinicipal alternative option would be to declare the developer in default and attempt to revest the Phase IV property which has been encumbered by at least one subsequent lien of $100,000. 5) COLLEGE PARKWAY DEVELOPMENT ASSOCIATES * Description: Ten parcels of land on the SWC of University Parkway and I-215. Existing development is comprised of Papa's Pantry, Motel 6, and Taco Bell. * Developer: College Parkway Development Associates. * Status: College Parkway received a loan of $350,000 from the Agency secured by second trust deeds. It was substantially paid back and then reloaned under an amendment to their loan agreement which substituted new deeds of trust. The loan has now been paid down to $140,000 in connection with releases of various parcels. They are aSking that the Agency once again loan funds for the final phase of the development and increase the principal balance to $500,000. The developer has not met the time requirements for construction of Phase II and is now in technical default. The developer has been requested to submit detailed economic data justifying the need for additional funds. Agency staff together with our economists will evaluate the developer's proposal to determine if the project is eligible for further Agency assistance once the developer provides the requested data. o * Estimated development value: $15,125,000 * Reason for Default or Technical Default: Construction is late for Phase I. * Options: Once in receipt of a complete proposal, staff will complete the evaluation of the developer's proposal and make further recommendations. The principal alternative option would be to proceed with collection of the $140,000 balance plus interest and sue for performance. o -5 - . . o 10 I I , o o o o o RedevclopDlentAgency 6) 4TH AND "E" STREET (NWC) * Description: A 15,000 square foot building with a total value of approximately $300,000. * Developer: H. Frank Dominguez DBA Vanir Research Company. * Status: On February 5, 1979 the Agency entered into a DDA with Developer. The property was never developed and on January 3, 1983 the Commission adopted a motion that excused Developer from all build out requirements on conditions that Developer stipulate that the minimum assessed value on the old Penny building would be $3,000,000. Developer has never so stipulated. Counsel advises that the Agency cannot require Developer to either develop the property or pave the parcel for parking lot. The Agency's only remedy under the DDA is to give Developer notice of default and if he does not cure the default within three (3) months to re-enter and take possession of the property. * Reasons for Default or Technical Default: Construction is late. * Options: That staff attempt a negotiation of this issue together with other outstanding matters that involve Mr. Dominguez (current litigation on a parking lease in the five-story structure and a lien that clouds the title on the Court and "E" site). The principal alternative options would be to a) attempt to revest the title to the property or b) to issue a certificate of compliance based upon a hypothetical assumption that $3,000,000 was essentially delivered although not stipulated to the developer. 7 ) ARROWHEAD HEALTH CARE SYSTEM * Description: A 75,000 SF professional medical office complex to be built partly on land owned by Arrowhead (former school property) and partly on land now owned by the Agency (former park property) on the west side of Medical Center Drive south of 19th Street. * Developer: Arrowhead in joint venture with Dowdell Corporation, a subsidiary of Xerox. -6 - o Redevelopment Agency o o o o o o * Status: Although the Agency is in escrow with Arrowhead, an amendment to the Disposition and Development Agreement is required. The date for close of escrow must be extended, the vesting must be changed, and Arrowhead has not yet performed on certain improvement requirements of the City in connection with the construction of the new hospital addition. Staff has proposed a concept that meets the needs of Arrowhead and will still provide for construction of the improvements. Although Arrowhead has not responded, their staff (Cliff Daniels) expects to respond by June 30. * Estimated Development Value: $8,000,000 * Reason for Default or Technical Default: The escrow is late in closing. * Options: That the escrow not close until a satisfactory amendment to the DDA is approved by the Commission. The principal alternative option would be to declare a default and terminate the escrow. 8) TEONG KAY (FORMERLY REFERRED TO AS T. J. BURRIS) * Description: Thirty-five acres of industrial property located north of Brier Road and west of Tippecanoe Avenue. * Owner: Teong Kay (who also owns significant additional acreage to the south in Tri-City project area). * Status: In violation of the Agency's deed restrictions, the property was sold several times after disposition in 1979. The current owner is negotiating with us to clear up the defaults and substitute enforceable commitments for development. * Estimated Development Value: $5,000,000 * Reason for Default or Technical Default: Unauthorized property transfer and failure to develop Phase I. * Options: That staff negotiate an agreement with Mr. Kay for development in-lieu of that expected from Mr. Burris. The principal alternative option is to attempt to revest the property and market it for development. -7 - , . o o o o Redevelopment Agency o o o 9) PACE WAREHOUSE * Description: A 150,000 SF discount retail center featuring Pace Warehouse and Sportmart with additional retail shops and a restaurant site located on Harriman near Hospitality. Agency agreed to provide $1,200,000 in assistance. * Developer: Alexander Haagen Company and Doug GOlding. * Status: All development is complete with the exception of the restaurant site. An amendment is required and the developer is currently assembling information on the values of the completed construction. * Estimated Development Value: $6,000,000 * Reason for Default or Technical Default: The estimated value of the development appears to be less than the $12,450,000 value specified in the agreement and the restaurant site will be constructed late. However, the Developer now reports that negotiations have been completed with an operator for the restaurant site (Beef Bowl). The Developer also is negotiating a sale of the center in excess of $12.5 million. * Options: That the staff negotiate an amendment with the developer for consideration by the Commission and that the staff continue it's present position that no reimbursements can be paid prior to the issuance of a Certificate of Completion. This amendment could also redefine the Agency's participation as a result of the reduced value of the development. 10) THE CLUB CENTER * Description: A large scale, discount retail, center in South Valle located on Caroline Street between Hunts Lane and Waterman. * Developer: SP Investments. * Status: Construction is complete, except that the agreement will require an amendment, which is currently being reviewed by staff, before a certificate of completion can be issued. The square footage was less than required by the agreement, but the value has been exceeded. The project was also completed several years ahead of schedule. On a related matter, the Department of Public Works/City Engineer, on behalf of the Agency, is completing the construction of a railroad crossing on Hunts Lane in cooperation with Colton. -8 - . . () Redevelopment Agency o o o . o * Estimated Development Value: $10,000,000 * Reason for Default or Technical Default: Buildings were placed in locations that varied from the original plan. Some buildings were larger and some smaller than planned. The total actual square footage is less than the total required in the agreement. * Options: Staff continue to negotiate with the Developer for an amendment to present to the Commission for consideration to properly reflect the development. The principal alternative options could be for the Commission to a) issue the certificate of completion without amending the agreement in light of the excess value created, or b) sue for performance for the change in building locations and reduced square footage. 11) SAN BERNARDINO AUTO PLAZA * Description: A regional auto plaza containing 11 new car dealership sites added to 2 existing dealerships plus an auto service center and ancillary retail buildings on Auto Plaza Drive west of I-215. o * Developer: Orange Show Plaza Associates. * Status: Master site improvements and six of the new car dealerships have been completed. A seventh dealership (Acura) is under construction. Number eight (Volvo) has recently closed escrow as has Nissan who purchased a "two dealership" site. One dealership site remains available. The developer is behind schedule on the commercial parcels, but has entered escrow with a substitute developer, B & M. We have negotiated an Amended and Restated OPA to allow transfer to the new developer and set development requirements. * Estimated Development Value: $8,000,000 * Reason for Default or Technical Default: Development of the commercial parcels is late. * Options: That the Amended and Restated OPA be approved so that the project can proceed. o -9 - _M CI o o o Redevelopment Agency o 12) UNIVERSITY VILLAGE APARTMENTS * Description: A 197 unit apartment project on the NEC of University Parkway and Kendall Drive on land assembled by the developer and by the Agency. In addition to site assembly, the Agency will reimburse a portion of the landscaping expenses required to screen the development from the entrance to the University. * Developer: University Village Associates. * Status: The apartment units are complete and have received certificates of occupancy from the City. The developer has a remaining obligation to complete landscaping in the median of North Park Boulevard and on a one-acre park site adjacent to the University. Developer has requested construction draws on the balance of the Agency assistance available under his agreement, but has not yet responded to recent Agency correspondence. * Estimated Development Value: $7,500,000 * Reason for Default or Technical Default: The final landscaping was to be completed prior to issuance of certificates of occupancy. After completion of the landscaping, the one-acre park site is to be reconveyed to the Agency. ,0 * Options: Because the developer has been processing his landscaping's plans we believe staff should pursue completion of the project. The principal alternative option would be to declare a default and sue for performance. o -10-