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HomeMy WebLinkAboutR03B-Redevelopment Agency c o. o o JUNE 27, 1989 PUBLIC HEARING - AUTO PLAZA COMMERCIAL AREAS Redevelopment Agency . City of San Bernardino 300 Ncnh "D" Stmet, Founh Floor . Son BomarcliDo, CaIifclmia !nA18 (714) 384-S081 FAX (714) 888-9413 Ste_ H. Dukett Execulive DiJector SynoDsis of Previous Co.mission/Council/Co..ittee Action: 12-23-85 07-21-86 Resolution 4831 authorized execution of OPA. Resolution 86-301 approved sale of an additional parcel (APN 141-251-39) to Orange Show Plaza Associates. Resolution 4900 authorized execution of Subordination Agreement subordinating RDA Note, Trust Deed and OPA to construction financing documents. Resolution 4901 authorized First Allendment to OPA. (continued on page 2) Recollllended Motion: c (MAYOR AND COMMON COUNCIL) (COMMUNITY DEVELOPMENT COMMISSION) OPEN JOINT PUBLIC HEARING. A) That the Joint Public Hearing be closed; that further reading of the following resolutions be waived and that resolutions B) and C) be adopted. (continued on page 3) Supporting data attached: Yes Ward: 3rd FUNDING REQUIREMENTS: None Project: SEIP Comllission Notes: o SHD:JW:sm:autoplaz Agenda of Julv 5. Item NO'j j 1989// ~ PrIde .f ~- c o o o Redevelopment Agency c' SYnODS is of Previous Commission/Council/Committee Action: (continued from page 1) 05-02-88 Resolution 5111 approved execution of a Second Amendaent to OPA. 06-08-89 Committee recommended that Commission and Council set joint public hearing to consider an Amended and Restated OPA primarily affecting the general commercial areas. 06-19-89 Commission and Council set joint public hearing to consider an Amended and Restated OPA primarily affecting the general commercial areas. 06-22-89 Committee recommended that the Commission authorize and the Council approve the execution of an Amended and Restated OPA primarily affecting the general commercial areas. o o SHD:JW:sm:autoplaz 2 c o o o Redevelopment Agency c (continued fro. page 1) (MAYOR AND COMMON COUNCIL) B) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND. (COMMUNITY DEVELOPMENT COMMISSION) C) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND. o o SHD:JW:s.:autoplaz 3 o 0 o o Redevelopment Agency o S T A F F R E P 0 R T This is to request that, subsequent to a public hearing, the Commission authorize and the Council approve the execution of an Amended and Restated Owner's Participation Agreement (OPA) between Orange Show Plaza Associates (OSPA), Victor Boyd and Greg McClelland (B & M) and the Agency. BACKGROUND On December 23, 1985, the Redevelopment Agency entered into an Owner's Participation Agreement (OPA) with Orange Show Plaza Associates (OSPA) for the development of an automobile center in the Southeast Industrial Park. The OPA was amended in 1986 and again in 1988 to extend construction dates and substitute a secured note for one that was unsecured. OSPA was to install master site improvements, complete eleven new car dealership sites and develop an auto service center and general commercial buildings on Parcels 12 and 13. o To date, six dealerships have been completed and are open for business. These include Hyundai, Mitsubishi, Pontiac, Jeep, Chrysler and Suzuki. An Acura dealership is presently under construction, Nissan has closed escrow on two dealership sites and Volvo has also closed escrow. Only one automobile dealership site remains. In addition, OSPA has completed all the master site improvements for the Auto Plaza, but is behind schedule on construction of the commercial sites, Parcels 12 and 13. In order to rapidly proceed with the development of Parcels 12 and 13, OSPA has requested that Victor Boyd and Greg McClelland (B & M) be substituted for OSPA with respect to the development of these areas. For your information, B & M has substantial development experience. Victor Boyd has been developing commercial real estate for 13 years. His developments include the ITT Cannon Corporate Headquarters (280,514 square feet), the South Coast Executive Center office buildings (169,000 square feet) and the Tustin Business Center multi-tenant commercial building (151,000 square feet), all located in Orange County. Greg McClelland has been in real estate development for seven years and lists among his credits the Hutton Center high-rise offices (700jOOO square feet) in Santa Ana, the Mission Square office building (130,000 square feet) in Riverside and the Voit Simi Joint Venture mixed use industrial/office project (1,300,000 square feet which is at 30% completion) in Simi Valley. Altogether, B & M have developed over 2,400,000 square feet of office, commercial and industrial buildings. o SHD:JW:sm:autoplaz 4 o o o o Redevelopment Agency o B & M has taken several preliminary steps which will enable the rapid development. of Parcels 12 and 13. They have entered escrow, received Planning Co..ission approval for their development plans, received Building and Safety Department. approval of their construction plans and will soon be ready to start construction on the general co..ercial areas of the Auto Plaza (Parcels 12 and 13 of Parcel Map Number 9713). The . attached Amended and Restated OPA will substitute B & M for OSPA with respect to the development of these areas and provide for a larger buildout than originally planned. The Amended and Restated OPA contains the following basic provisions: 1) B & M will deliver at least the same new assessed valuation ($5.6 million including land) that OSPA was obligated for (when finished, the total amount of square footage will be greater than under previous plans) . Unlike OSPA, however, B & M has agreed to pay in-lieu of development fees in the event this valuation is not achieved. In addition, it should be noted that B & M is confident that when all tenant improvements have been installed the assessed valuation will climb to approximately $8 million; 2) B & M agrees to begin construction by October 16, 1989 and to complete the project by October 15, 1990; o 3) Any land not required for the construction obligation must be fully landscaped; 4) Before escrow can close, B & M must have all development entitlements and an unqualified loan commitment with no contingencies; 5) B & M will purchase Parcels 12 and 13 for $2,600,000; 6) To perfect the Agency's position in the Agreement, title to Parcels 12 and 13 will pass from OSPA to the Agency, then to B & M (this will be handled in back to back escrows); 7) All sales proceeds from B & M to OSPA (through the Agency) will be applied to reduce the outstanding construction loan debt of OSPA (secured by a first deed of trust on Parcels 3, 12, 13 and a proposed parking area); SHD:JW:sm:autoplaz 5 o c o o o o o o Redevelopment Agency 8) Reversionary rights to the automobile dealership sites, presently held by OSPA, will be transferred to the Agency; 9) The existing note from OSPA to the Agency (which has been extremely difficult to interpret) will be simplified and clarified; and 10) The amended and restated Agreement does not require any further Agency financial assistance or subsidy. The Agency holds a note from OSPA which is presently secured by a second trust deed on Parcels 12 and 13. The Amended and Restated OPA will provide that Parcel 3 of Parcel Map Number 9713 and the proposed parking area be substituted as security for the note. In addition, Dan Evans and Ron McMahon, the principals of OSPA, have agreed to personally guarantee the $257,000 remaining balance (as of April 30, 1989). The Amended and Restated OPA also calls for periodic payments by OSPA on the $257,000 balance (plus accrued interest, but less any earned credits), over a four-year term, such that by December I, 1992 the debt will have been retired (even in the event that no further credits are earned). RECOMMENDATION The Amended and Restated OPA has been approved as to form and legal content by both Agency and Special Counsel and executed by OSPA and B & M. On June 22, 1989, the Redevelopment Committee considered this matter and recommended that the subject agreement be approved for execution by the Commission and Council. It is, therefore, requested that, subsequent to a public hearing, the Commission authorize and the Council approve the execution of an Amended and Restated OPA, to which the Agency, B & M and OSPA will be parties. It is also requested that the Commission authorize the Executive Director to take all appropriate and necessary steps to implement the Agreement on behalf of the Agency. SHD:JW:sm:autoplaz 6 .----~-_._-}-_..- 'C o .------'V--~-------.----..------ .. o 0 ~ ~ :E: !j ~ .- .. ... a: I 0 ~ Z CAMINO REAL =~~~ ~~ ~~i w L z_. ~81 > ~ c:t CENTURY AVENUE W a: I Q u. UlC . an a:: wc ... ...I ~i ~2 ~~ S"" D. ~~ 1'-:: 0 Q ~i5 z 0 - C C 0 AUTO CENTER DRIVE a: .- a: fi_ e ::) ~ Z a:: g!li a: c:t %: w W f/) c! z'Wil -' m 0 w i~ a::~ i3 z CJ .. ~2 Z Z ! a: e c ff 0 en - a: z C 0 - ~ a: ~ c SHOW CASE DRIVE SOUTH ~8i CJ c:t i i'~ z ~I II a: ~l w ... & I U. I c:t I en c o o o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tL J o o o 1 2 3 RBSOLUTION NO. A RBSOLUTION OF THB MAYOR AND COMMON COUNCIL OF THB CITY OF SAN BBRNARDINO APPROVING THB RBHABILITATION AND IMPROVEMBNT OF RBAL PROPBRTY PURSUANT TO AN AMBNDBD ANDRBSTATBD OWNBR PARTICIPATION AGRBEMENT BY AND AMONG THB RBDEVELOPMENT AGBNCY OF THB CITY OF SAN BBRNARDINO, ORANGB SHOW PLAZA ASSOCIATBS, VICTOR H. BOYD AND GRBG D. MCCLBLLAND. 4 5 6 7 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is authorized to conduct redevelopment activities within the Survey Area (the "Survey Area"), which activities include the rehabilitation and improvement of real property: and WHEREAS, the Agency desires to enter into an Owner Participation Agreement (the "Agreement") with Orange Show Plaza Associates (the "Owner") and Victor H. Boyd and Greg D. McClelland (the "Participant"), which Agreement provides for the rehabilitation and improvement of certain real property in the Survey Area as set forth in the Agreement: and WHEREAS, the Agency and the Common Council of the City of San Bernardino have conducted a duly noticed joint public hearing regarding the proposed Agreement in accordance with California Health and Safety code Sections 33431 and 33433: and WHEREAS, the staff report pertaining to the Agreement, which has been on display prior to the joint public hearing in accordance with Section 33433 of the California Health and Safety Code, contains a detailed description of the provisions of the Agreement: NOW THBRBFORB, the Mayor and Common Council of the City of San Bernardino do hereby resolve as follows: DAB: br June 27, 1989 1 o o o o 15 16 o o o 1 2 SECTION 1. Pursuant to the California Environmental Quality Act (CECA), Public Resources Code Section 21090 and 3 Section 151080 of Guidelines adopted pursuant thereto the 4 Agreement is an activity pursuant to and in furtherance of the 5 Redevelopment Plan. 6 SECTION 2. The Mayor and Common Council find and 7 determine, based upon the testimony and information presented 8 during the public hearing with respect to the Agreement that 9 based upon the covenants and restrictions established by the 10 Agreement, adequate consideration supports the provision of 11 financial assistance to the OWner and the Participant. The Mayor 12 and Common council further find that the rehabilitation and 13 improvements as provided for in the Agreement are necessary to 14 effectuate the purpose of the Redevelopment Plan applicable to the Survey Area. SECTION 3. The Mayor and Common Council hereby approve the 17 Agreement and all of its provisions, including without 18 limitation, the attachments thereto and authorize the Mayor and 19 the City Clerk to execute all documents referenced in the 20 Agreement and necessary to effectuate the provisions of the 22 21 Agreement. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 Bernardino at a meeting thereof, held on the 26 day of , 1989, by the following vote, to wit: 27 28 DAB: br June 27, 1989 2 c o o . o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 AYES: NAYS: ABSENT OR ABSTAIN: 7 8 9 o o o Council Members City Clerk of The foregoing resolution is hereby approved this day , 1989. Approved as to form and legal content: JAMES F. PENMAN, City Attorney W.R. Holcomb, Mayor City of San Bernardino ~t1, ) DAB: br June 27, 1989 3 c o o - o 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 . _ . _ :II.llIIL. o o o 1 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ORANGE SHOW PLAZA ASSOCIATES, VICTOR H. BOYD AND GREG D. MCCLELLAND WHEREAS, the Community Development Commission of the City of San Bernardino (the "Agency") is authorized to conduct redevelopment activities within the Southeast Industrial Park Project Area (the "Project Area"), which activities include the rehabilitation and improvement of real property: and WHEREAS, the Agency desires to enter into an Amended and Restated Owner Participation Areement (the "Agreement:) with Orange Show Plaza Associates (the "Owner") and Victor H. Boyd and Greg D. McClelland (the "Participant"), which Agreement provides for the rehabilitation and improvement of certain real property in the Project Area as set forth in the Agreement: and WHEREAS, the Agency and the Mayor and Common Council of the City of San Bernardino have conducted a duly noticed joint public hearing regarding the proposed Agreement in accordance with California Health and Safety Code Sections 33431 and 33433: and WHEREAS, the staff report pertaining to the Agreement, which has been on display prior to the joint publi hearing in accordance with Section 33433 of the California Health and Safety code, contains a detailed description of the provisions of the Agreement: NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: DAB: Ida June 27, 1989 1 o o o o 1. j o o o 1 SECTION 1. Pursuant to the California Enviromenta1 Qua1tiy Act (CEQA), Public Resources Code Section 21090 and Section 2 3 151080 of Guidelines adopted pursuant thereto the Agreement is an 4 activity prusuant to and in furtherance of the Redevelopment 5 Plan. 6 SECTION 2. The Redevelopment Agency finds anddetermines, 7 based upon the testimony and information presented during the 8 public hearing with respect to the Agreement that based upon the 9 covenants and restirctions established by the Agreement, adquate 10 consideration supports the provision of financial assistance to 11 the OWner and the Participant. The Redevelopment Agency further 12 finds that the rehabilitation and improvements as provided for in 13 the Agreement are necessary to effectuate the purpose of the 14 Redevelopment Plan applicable to the Project Area. 15 SECTION 3. The Redevelopment Agency hereby approves the 16 Agreement and all of its provisions, inCluding without 17 limitation, the attachments thereto and authorizes the Chairman, 18 the Executive Director and the Secretary to execute all documents 19 referenced in the Agreement and necessary to effectuate the 20 provisions of the Agreement. 21 I HEREBY CERTIFY that the foregoing resolution was duly 22 adopted by the Mayor and Common Council of the City of San 23 Bernardino at a meeting thereof, held on the 24 day of , 1989, by the fOllowing vote, to wit: 25 26 27 28 DAB:1da June 27, 1989 2 "0 c o o 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 - o o o 1 AYES: Council Members NAYS: ABSENT: Secretary The foregoing resolution is hereby approved this day of , 1989. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: ~) Agency se1 DAB: Ida June 27, 1989 3