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HomeMy WebLinkAboutR12-Redevelopment Agency o o o o JBlI'RI'nmal' IZPARDal' or 'JDO c:::tft or SlIt ~ D:1{1II!AT ICR ~JHI'I'tW'tYW1R'TT. W'!"PTtW Fran: mlNImi J. ~ Ex8cutive I>ir8ctar Date: April. 8, 1991 SUbject: ~ n...-.L"u. ur........... ~ IIBNl' (1IBBT 8IIII 1UZ1.) Bl'..cpl'is of PnriOUll ~-i"'"Vo---voc-ittee kticm: on JUne 2, 1986, the ~irdty Devel..........d. ,.....,.,,-1_tat authorized the i....WlC8 of a Request for Qualificaticna (RFQ) am Rsquest: for ~. ~,.. (RFP) for dSvel~d. of Baseline am Medi~l Center Drive. . , on JUly 21, 1986, the ~irdty Devel...........L l'hmI-I_ial ~ an Exclusive Right to Negotiate with AlElllBDder Haagen. . on Ja:nuaJ:y 12, 1987, the ~"lity Devel.___lt ,.....,.,,-1 -iem ~ nwised terms am ccmditicms for the Haagen shqIpin;J center. (Sz--'P"-1 - 0ClIltiJuI4 to BlIXt Pege) , ~t. ----."'-5 1IDtica.: ., '''''''''''ftII<ltv DIIwtl~- -.L ",.......-...011) 'RBSOlI.,a:.I.UIl or 'JD <XlIIIJIlI'l'lC DBVBIDHII!ltfl' ~ or 'JD c:::tft or SlIt -RDDI) Ar&'KIY.uG A CBRDDT ur.a:.I.UIl Ao----.r Blr A1lD _~_ 'JD -.vmDRlDU'. . t:ic or 'JD c:::tft or SlIt -m>DI) A1lD .. ......n_ IY'MIII!IIIo "ilL PRJlIBRITIBS, DI:., (A calUozDia OO1pQraticll1) . ~,~veDUwctor DweL, __I t . Cantact: Person: K8n~n......" J- BIcne: 5065: 5081 Six (61 Project Area: Nort:hwIest CNWl Ward(s) : ~ Data At:tactled: m-".,., ~. /IT-: 0Dtia"l ~-'~'IL :ruNI>JH:; ~: 1Imamt: $ N/A Ib:'Iget Authority: SOUrce: ,.....,.,,-1 --iOll/noo-l lfotes: KlH:EZ: lab: 4296 ~ Item No: Je6\. o o o o J::I!:VW'~ mu.~ ~ far O""".Ml~ f_QiVoc:.aittee acticm .., I'1'CIlt1er Clpt.i.oIi ~-t . PIIg8 -2- .........". of ~ ""'-" ....t'JIItoHW..,..t 1/",......... ~..,... ",............... on Jamaxy 22, 1990, the thmII"lity Devel_d.. n-ni_icn took ac:\:.ia1s rescin:iin;J the Ellcl.usive Right to Negotiate with Al8llZll'r3er Haagen. on Jamaxy 22, 1990, the thmII"lity DelleL, -.-. d.. n-ni -im autharized the executi.m of an ~_.t. for an Ellcl.usive Right to Negotiate with Nw Fra1t:ier a:mDercla1 P........,....ties, Inc. on May 21, 1990, the thmII"'Iity Devel,,"-'/t n-ni_im autharized ninty (90) days to the ~t.....-..ce deIldl.ines in the Ellcl.usive Right to Negctiate with New F.rart:ier O--..-cia1 ~~ties, Inc. on JUne 7, 1990, the RIdevel_IL OCIIIIIittee NO ....-'Ided to the Mayor an:i n ..... '1 Ocuncil an:i thmII"'Iity Devel_,t n-ni_im approval of deal points an:i the Dispositim an:i Devel_.L ~.........1t (IllA). on JUne 18, 1990, the thmII"'Iity Devel_IL n-ni..icn ~ the deal points for a OJ spositim an:i Devel. ",-"L ~..........t. (IllA) with Nw Fra1t:ier Co ....-. cla1 Prqlerties, Inc., an:i di%ected staff to draft the _~iate a.".._,t. on O::tcber 15, 1990, the thmII"'Iity Devel_d.. n-ni....im ~ the Disposition an:i Devel_,L ~IL (IllA) with Nw Fra1t:ier Co-.-.-.d.aJ. P.L.....,....ties, Inc., on April 1, 1991, the tnrm"lity Devel_.L n-ni....im revieoIed the ~ AgJ:........d.. with Nw Fra1t:ier an:i referred the it8D to the RIdevel_,L OCIIIIIittee for ite review an:i N(' -. ..""ldatim. on April 4, 1991, the RIdevel.......-It. OCIIIIIittee revieoIed the ~ ~_IL with Nw Fra1t:ier an:i :A<:'-...-lded to the thmII"'Iity IlBYeL,..-./t n-ni-.i!::n 8RlJ:oval of Sl!IIIIB . , o EIH:E!: lab: 4296 ~ 1IUi"&.uG IfII8tiJIq Jlllte: 04/15/91 o o o o IJl9I!I'mIIIBRr ~ 8TAIT 1CI5IUICL' -- JIJ.'alU~ ~...... ~t '!he Redevel_it}qeia:f (DIMIl_ll DeparbDent) am New P'J:a1tier 0....-. cia1 P1._ties, Inc., have ~y entered into a Dispositia'1 am DIMIl_d. ~.........&t (001\) dated oct.c:i:ler 15, 1990 pertainirq to the devel.o ,..-. &t of a 95,000 square foot IIUlti-pnpl86 <,.....-.cia1 CllI1ter lccated at the 0C>>rl..... of Baseline SL...wt am ~~....., 0IInter Drive (West: Side Plaza). '!he ni"P""'itia'1 am DIMIl_.l Agl......l (001\) lIp8Cified that the }qeia:f am New P'J:a1tier had agreed to enter into an ~ Ao"...~.l far: the pm:i1ase am d8vel._d. of a five (5) acre pal:tl8l of DIMIl_ll DeparbDent owned land ~_btely adjacent. to the West side Plaza site (Blase n). '!he 001\ further lIp8Cified the deal points of the ~ Agr_lt. ldUch have been irLiUL~..ted into the docI.-rtt attacIled. as Exhibit "A" am listed as follows: 1. '!he qlt.icI1 price is the }qeia:f's ""qI'~..itia'1 cost of $861,099.34. 2. '!he qlt.icI1 shall remain in effect for faD:' (4) years frail the date of ~ .....JanCe of a certificate of t'hlpletiat at Blase I of the West side Plaza site. 3. '!he use of the Blase n pal:tl8l shall be in llCXlOrdance with the city of san Bemardino zaUD;J requirements. 4. '!he}qeia:f is not obligated to provide any financial. or other assistance with respect to the Blase n pal:tl8l. We can expect to amend the ~ ~..........l in the future to inc1\D a 6,500 square foot pal:tl8l, IIm'8 .......ruy Jcncwn as the Kellog ...._ty. '!he Kellog ...._ty is situated within the easterly porticn of the Blase n site. Mrs. Kellog wished to CXIJt.in.Je livirq in her hcuse at the tbIe the other prcprt:y was A"'Cl,h-ed am the }qeia:f clid not need ~-~llt.e po ;;""ia1. While Blase n cxW.d i4-.......-:1 witha1t this parcel, it is IIm'8 liJcB1y that we will acquire it !lClIi that Mrs. Kellog has lIDII8d. '!he final Optiat ~ ""'It executed by New P'J:a1tier officbl.. is attached am has been reviewed am ~ by }qeia:f camseJ. am the Redevel_.l Q:lmnittee at its April 4, 1991 JIlEleti1'q. I x.,......-'1d adcpticrt of the form DDt:ia1. DtlNB'DI~, .....d:iw D:i.notor n.vel__t DIputIaeDt o ~:EJ:1ab:4296 lY'MYTaeroN' 111515",l'.uu IfMtiDq Date: 04/15/91 o o o o o 1 2 RESOLUTION NO. 3 4 5 6 7 8 city of San Bernardino (the "Co_ission") on behalf of the 9 10 11 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN OPTION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., A CALIFORNIA CORPORATION WHEREAS, the Co_unity Development co_ission of the Redevelopment Aqeney of the city of San Bernardino (the "Aqeney"), is a redevelopment aqeney, a public body, corporate and politic of the State of California, orqanized and existinq 12 pursuant to the Co_unity Redevelopment Law (Part 1 of Division 13 24) co_encinq with Section 33000) of the Health and Safety Code 14 of the State of California (the "Act)"; and 15 16 WHEREAS, the Redevelopment Plan for the Northwest 17 Redevelopment Project (the "Redevelopment Plan") was previously 18 approved and adopted by the Mayor and CODIDIon council of the city 19 of San Bernardino (the "Council") by Ordinance No. MC-189, dated 20 July 6, 1982; and 21 22 WHEREAS, the Redevelopment Plan provides for the 23 redevelopment of real property pursuant to the Redevelopment Plan 24 by owners thereof or by parties seekinq to acquire real property 25 fro. the Aqeney; and 26 27 WHEREAS, Section 33391 of the Act provides that a 28 redevelopment aqeney aay acquire any real or personal property - 1 - o o o o o 1 within a redevelopaent project area or for the purposes of 2 redevelopment and Section 33430 of the Act provides that a 3 redevelopment agency may dispose of any real or personal property 4 within a redevelopment project area or for the purposes of 5 redevelopment; and 6 7 WHEREAS, the Agency and New Frontier Commercial 8 Properties, Inc., a California corporation (the "Developer") 9 desire to enter into a certain Option Agreement (the 10 "Agreement"), a copy of which is attached hereto as Exhibit "A" 11 and incorporated herein by reference, pursuant to which, among 12 other matters, the Developer would have the option to acquire 13 from the Agency certain real property (the "Property") which is 14 described in Exhibit "A" to the Agreement; and 15 16 17 18 19 20 21 WHEREAS, in the event the Developer desires to exercise 22 the option pursuant to the Agreement, the Agency Staff shall at 23 such time prepare and Wlake available for public inspection a 24 Summary Report (the "Summary") concerning the proposed Agreement, 25 as required by Health and Safety Code Section 33433, a copy of 26 hich will be placed on file with the'Agency; and 27 28 WHEREAS, the Property is located within the area subject to the Redevelopment Plan (the "Project Area") and its acquisition would be tor purposes of the redevelopment thereof in a manner consistent with the Redevelopment Plan; and - 2 - o o o o o 1 WHEREAS, in the .vent that the Dev.lop.r .x.rcis.s the 2 option, the city staff shall at such ti.e duly notice and conduct 3 a public hearinq in accordance with the requirements of Health 4 and Safety Code Section 33433 and Section 33431 concerninq the 5 propos.d sale of the Prop.rty by the Aqency to the Developer; and 6 7 8 9 10 11 Section 1. Th. Aqency hereby approves the proposed 12 Aqr.ement pertaininq to the qrantinq of an option to the 13 Developer with r.qard to the Aq.ncy's int.rest in the Property. 14 Th. Aqency authorizes the Ex.cutiv. Director of the Aqency to 15 .x.cut. the Aqr....nt and to .xecut. such other dOCUlllents as may 16 be n.c.ssary to implem.nt the Aqr....nt and to make any necessary 17 non-substantive chanq.s in the Aqreement as may be approved by 18 Aq.ncy Special Counsel. 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: - 3 - c o o o o 1 RESOLtl'l'ION OF THE COMMUNITY DEVELOPMENT COMKISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN OPTION AGREEMENT BY AND 2 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC. , A CALIFORNIA 3 CORPORATION 4 5 6 7 8 9 10 11 12 13 S8ct.ion 2. Thi. Re.olution shall take effect upon adoption. I HEREBY CERTIFY that the foreqoinq resolution was duly adopted by the Community Developaent co_ission of the City of San Bernardino at a meetinq thereof, held on the day of , 1991, by the followinq vote, to wit: commi..ion Members: AID BAIl ABSTArN ESTRADA REILLY FLORES 14 MAUDSLEY MINOR 15 POPE-LUDLAM MILLER 16 17 18 Secretary The foreqoinq re.olution i. hereby approved this 19 20 21 22 23 Approved a. to 24 fora and leqal content: 25 By: ~~'U-d 26 Aqency Coun.el -r' . 1IIIIlNIlImDOCI4 27 day of , 1991. W. R. Holcolllb, Chairman Co_unity Development Commi.sion of the City of San Bernardino 28 - 4 - o o o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 ss I, Secretary of the COllllllWlity Development Comai..ion of the City of san Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached copy of Comaunity Development co..ission of the City of San Bernardino Re.olution No. is a full, true and correct copy of that now on file in thi. office. IN WITNESS WHEREOF, I have hereunto .et .y hand and affixed the ofUcial seal of the Community Develop.ent Commission of the City of San Bernardino this day of , 1991. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Secretary of the comaunity Development Commission of the city of San Bernardino o 1 EXHIBIT "A" 0 2 OPTION AGREEMENT 3 4 5 6 7 8 9 10 . 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 o o o o o o SBE00092/173/es 02/25/91 4:15 RECORDING REQUESTED BY: Redevelopment Agency of the City of San Bernardino AND WHEN RECORDED MAIL TO: Redevelopment Agency of the city of San Bernardino 300 North "0" Street San Bernardino, California 92418 (Space above for Recorder's use) OPTION AGREEMENT (NEW FRONTIER DEVELOPMENT CORPORATION) THIS OPTION AGREEMENT (the "Agreement") is entered into this day of , 1991, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency") and NEW FRONTIER COMMERCIAL PROPERTIES, INC., a California corporation ("Developer"). The Agency and the Developer agree as follows: This Agreement is dated purposes only. , 1991, for reference .' E)(H.Brr "A" o o o o o TABLE OF CONTENTS iW! RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1. Option to Purchase Property . . . . . . . . . 3 Section 2. Purchase Price of the Property . . . . . . 3 Section 3. Transfer of Title . . . . . . . . . . . . 3 Section 4. Term of Agreement . . . . . . . . . . . 4 Section 5. Exercise of Option . . . . . . . . . . . . . . . 4 Section 6. Use of Property . . . . . . . . . . . . . . . 5 Section 7. Notices . . . . . . . . . . . . . . . . . . . 6 Section 8. Nonliability of the Agency . . . . . . . . . 7 Section 9. Entire Agreement . . . . . . . . . . . . . . . . 7 Section 10. Effective Date . . . . . . . . . . . . . . 7 .' o o o o o RECITALS WHEREAS, the Aqency is authorized and empowered by the Community Redevelopment Law of the State of California, Chapter 1 of Division 24 of California Health and Safety Code, to enter into aqreements for the acquisition, disposition and development of real property and otherwise to assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area; to acquire real and personal property in redevelopment project areas; to receive consideration for the provision by the Aqency of redevelopment assistance; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the Aqency and the City of San Bernardino (the "City") have previously approved and adopted the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Project Area (the "Project Area"); and WHEREAS, the Aqency has acquired certain real property comprised of an approximately five (5) acre parcel as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") located within the Project Area on the west side of the City of San Bernardino (the "City") generally - 1 - o o located near the intersection of Baseline and Medical Center Drive; o and WHEREAS, the Aqency and the Developer have previously entered into a certain Disposition and Development Aqreement dated as of October 15, 1990, (the RDDA") pertaininq to the development of certain property immediately adjacent to the westerly boundary of the Property (the "Shoppinq Center Site"); and WHEREAS, in connection with the execution and implamentation of the DDA the Aqency and the Developer have aqreed to enter into an Option Aqreement pertaininq to the Property for the purposes of providinq for the acquisition and development of the Property by the Developer upon substantial completion of the e:> development of the Shoppinq Center Site; and WHEREAS, the Developer desires to acquire the exclusive riqht to purchase, without becominq obliqated to purchase, the Property (the "Option") at an aqreed price and under specified terms and conditions as more fully set forth herein. I ~ ~ NOW THEREFORE in consideration of the premises, the covenants and aqreements herein contained, and other qood valuable consideration, receipt of which is hereby acknowledqed, the parties hereto aqree as follows: .' o - 2 - o o o o o .Section 1. Qntion to Purchase Pronertv. The Agency hereby qrants the Developer the Option to purchase the Property from the Aqency upon the terms, conditions and for the consideration hereinafter set forth. Section 2. Purchase Price of the Pronertv. The purchase price (the "Purchase Price") for the Property shall be the price paid by the Aqency for the Property, includinq, but not limited to, the Aqency's acquisition costs, relocation costs, transactional and carryinq costs which Purchase Price shall equal Eiq~t Hundred Sixty-One Thousand Ninety-Nine Dollars and Thirty- Four Cents ($861,099.34). Section 3. Transfer of Title. The Aqency aqrees to transfer and to convey to the Developer, at such time that the Developer pays the Purchase Price in accordance with Paraqraph 2 above, title to the Property, subject to any and all limitations, easements, liens or other encumbrances or restrictions aqainst the Property which existed at the time that title thereto vested in the Aqency. The Aqency shall cause the preparation of a Preliminary Title Report (the "Preliminary Title Report") the costs of which, if any, shall be reimbursed to the Aqency by the Developer. A copy of the Preliminary Title Report which reflects title to the Property, includinq all exceptions thereto shall be delivered to the Developer concurrently with the execution of this Aqreement. - 3 - o o Se~tion 4. Term of the Aareement. '!his Option shall c:> remain in effect for a period of four (4) years from the date of issuance of a Certificate of Completion pursuant to Section 3.08 of the DDA; provided, however, that in the event the Developer fails to undertake and complete the development of the Shopping Center Site in accordance with the provisions of the DDA or the Developer shall be deemed in default under the DDA, then this Option shall thereupon be terminated immediately and shall be of no further force and effect. Section 5. Exercise of Ontion. The Developer shall exercise its Option to acquire the Property by depositing the Purchase Price for the Property into an escrow within thirty (30) days of the submission by the Developer to the Agency of written o notification that Developer elects to exercise the Option provided, however, that such thirty (30) day period has commenced at least thirty (30) days prior to the expiration of the term of this Agreement as provided in Section 4 hereof. The escrow shall be for a period of not more than thirty (30) days, or such time period reasonably required by a title company selected by the parties hereto to issue a CLTA title insurance policy (the "Title Policy"), at Developer's sole cost and expense, but in no event beyond ninety (90) days and shall be opened with an escrow agent as mutually agreed upon in writing by the parties hereto. The Title;policy shall insure that fee simple title to the Property is vested in Developer subject only to those exceptions to title that existed at o - 4 - o o o o o the time the Agency acquired title as set forth in the Preliminary Title Report and any additional liens or encumbrances approved in writing by Developer prior to the close of the escrow described in this Aqreement. In the event Developer does not exercise its Option to purchase the Property as set forth in this Agreement by submitting its notification of its election to exercise the Option to the Agency, and closing escrow, within the times set forth above, the Developer's Option shall expire. Thereafter, the Agency shall take ownership of the Property and shall have all of the rights and obligations associated with such ownerShip. If Dev!!loper fails to exercise its Option in accordance with its terms and within the Option period or any extension thereof as mutually agreed upon in writing by the parties hereto, the Option and the rights of the Developer to acquire the Property pursuant to the terms of this Agreement shall automatically and immediately terminate without notice and without further action. However, upon written request from the Agency, the Developer shall properly execute, acknowledge and deliver to the Agency within five days a release of Option, or any other document reasonably required by Agency or a Title Insurance Company to verify the termination of this Agreement. Section 6. Use of Pronertv. In the event the Developer exercises its Option as provided herein, the D~veloper agrees that it shall develop the Property and cause the Property to be ulOed in accordance with the City of San Bernardino's zoning - 5 - 4.- ~ o o o requirements and in a manner consistent with the Redevelopment Plan. Seetion 7. No1:ices. Any and all notices, demands or communications submitted by any party to another party pursuant to or as required by this Agreement shall be proper and shall be deemed to be given in accordance with this Agreement if in writing and dispatched by messenger for immediate personal delivery evidenced by written acknowledgement, or First Class United States certified mail, return receipt requested, postage prepaid, addressed to the parties as hereinafter set forth. Such written notice, demands and communications shall be sent in the same manner to such other addressees and/or addresses as either party may from time to time designate upon notice in the form and the manner as o provided herein. Any such notice, demand or communication shall be deemed to be received by the addressee on the ea) day that is dispatched by messenger for immediate personal delivery or eb) two (2) business days after it is placed in United States mail as heretofore provided. Any and all notices, demands or communications shall be addressed and sent to the other parties as follows: rf to the Agency: Redevelopment Agency of San Bernardino 300 North "0" Street, 4th Floor San Bernardino, California 92418 Attention: Executive Director . .' o - 6 - o o o $ 41 o :If to the Developer: With copy to: section 8. - UI III o New Frontier Commercial Properties, :Inc. 701 S. Parker Street Suite 2000 Oranqe, California 92668 Attention: John W. Pierce Sabe , Green, a Professional Corporation 6320 Canoqa Avenue Suite 400 Woodland Hills, California 91367 Attention: Timothy J. Sabe Nonliabilitv of the Aaencv. No member, officer or employee of the Aqency shall be personally liable to the Developer, or any successor in interest of the Developer, in the event of any default by the Aqency, or for any amount which may become due to the Developer or to its successors in interest on any obliqations under the terms of this Aqreement, except for qross neqliqence or willful acts of such member, officer or employee. Section 9. Entire Aareement. This Aqreement constitutes the entire Aqre_ent of the parties hereto with respect to the matters set forth herein and this Aqreement supersedes all neqotiations and previous aqreements between the parties with respect to all or any part of the Property and other terms and provisions set forth therein. Section 10. Effective Date. This Aqreement shall be effective as of the date it is executed by the parties. .' - 7 - o o IN WITNESS WHEREOF, the parties hereto have duly executed o this Agre_ent as of the dates set forth below. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Date: By: Executive Director ( SEAL) APPROVE AS TO PROGRAM: By: (~~. Re e opmen anaqer o APPROVED AS TO FORM: ~- Aq Y ecial Counsel NEW FRONTIER COMMERCIAL PROPERTIES, INC., a California corporation . Date: -z...I -z-" I tt,1 By: Its e~\.,. LA""'" ( t' ~n _1731.. CDn5I9O .:15 : .' (All Siqnatures Must Be Notarized) o - 8 - o c.o ~ to ~ . [Q ,....~ o to ~ t'I) . l- - " "-. I ~~~ ;i. 6~~l i l ! I 'I ., , 'cfV'N 'I: I InNj;;Y f'/. .....~ " ,I , II 'l'i " ~ :1 :j 6 lJ:Uu. s Nvi'ihlI .- . o o o. j - - o o CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM TO: Timothy C. Steinhaus, Agency Administrator Economic Development Agency Ezell James ATTN: FROM: Dennis A. Barlow, Sr. Asst. City Attorney March 28, 1991 DATE: RE: New Frontier You have asked if the Option Agreement needs to be approved by the Commission. Although the resolution approving the DDA also authorized the execution of all other agreements necessary to the implementation of the DDA, the Option is not a document necessary to the implementation of the DDA. Therefore it must have further Commission approval. I have discussed this issue with Andre deBortnowski who concurs. ~ DAB/ses/New-Fron.mem