HomeMy WebLinkAbout4/16/2003 - STAFF REPORTS DATE: APRIL 16, 2003
TO: COMMUNITY REDEVELOPMENT AGENCY
FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT
APPROVAL OF AN AMENDED AND RESTATED EXCLUSIVE AGREEMENT TO
NEGOTIATE WITH GEIGER, LLC OF BEVERLY HILLS, CALIFORNIA ON AN AGENCY-
OWNED PARCEL AT THE CORNER OF GENE AUTRY TRAIL AND RAMON ROAD
RECOMMENDATION:
It is recommended that the Agency approve an Amended and Restated Exclusive
Agreement to Negotiate with Geiger, LLC on Agency- and privately-owned parcels
of + 38 acres at the corner of Gene Autry Trail and Ramon Road, extending the
Agreement for a period of twelve months, adequate to complete the entitlement
process.
BACKGROUND:
In February, 2002 the Agency entered an Agreement with Geiger, LLC on the
Agency-owned parcel at the corner of Gene Autry Trail and Ramon Road,
commonly known as the dumpsite parcel. Geiger had an option period that
allowed it to conduct environmental assessments, negotiate with the adjacent
property owner, and design and market the project to tenants. Geiger has been
successful gaining tenant interest in the site and is close to having a remediation
plan for the site approved by the California Department of Toxic Substances
Control (DTSC). The company hired a remediation engineer, The Source Group,
to prepare and submit the remediation plan. The Riverside County Local
Enforcement Agency has given the plan tentative approval but has referred the
plan to the DTSC for further review and approval. DTSC is in the final review
stages and will issue a negative declaration on the remediation project as part of
its approval.
Geiger has also entered an option agreement with the adjacent property owner,
effective until September, 2003. During that time Geiger will take the project
through the entitlement process, and has submitted a site plan to Planning for
review and approval. The Developer has agreed to fund an Environmental Impact
Report (EIR) based on the traffic demand of a new center and the remediation
process itself. Geiger will submit a deposit for the City (Planning) to hire an EIR
consultant to commence work. Planning and the Department of Procurement and
Contracting are undertaking an RFP for environmental consultants.
In addition, the Developer has made progress in acquiring the 5' "spite strip" of
land along the eastern boundary of the site, which would allow for ingress and
egress on San Luis Rey, a signalized corner. This is a significant development
from the traffic engineering perspective.
Based on the Agency's request, Geiger did prepare a packet, including a
preliminary site plan, for the International Council of Shopping Centers conference
in Palm Springs in September to begin to market the property. Tenant interest
was very good and has remained solid since.
COL A
In order to avoid providing Agency financial assistance to the project, the Agency
will construct the deal so that the Developer pays a fair market price for the land
as if it were clean, less the actual remediation costs and other costs associated
with contaminated land that they've expended. The appraisal of the site
commissioned by the Agency, by Scott Lidgard & Associates, was completed in
February. The site appraisal includes the Agency parcel and the adjacent private
parcels. A Draft DDA has begun to be prepared, though the DDA cannot be
approved by the Agency until the project is ready to receive its CEQA certification,
either the approval of a Negative Declaration or an EIR. Therefore, the critical
path in the project now is the land use entitlement/CEQA process.
Geiger had originally asked for an Exclusive Agreement to Negotiate for a period
of up to 180 days, during which it would complete the market study and the
preliminary remediation engineering, as well as commence the process of
obtaining entitlements for a project. The company met all of the milestones of that
Agreement, which expired in September. They have continued to invest in the
project, including the additional remediation plan review by DTSC, based on their
faith that their continued good performance would gain them additional time from
the Agency.
Staff is recommending, based on the significant progress made by the Developer,
that the Agency extend the Agreement for an additional twelve months to
correspond with the CEQA timetable, which should be complete (barring any
significant challenges) by April, 2004, By that point, the Developer will be through
the entitlement process and will have executed its option with the adjacent
property owner.
The Amended and Restated Plan contains several milestone dates that were not
in the original Agreement, in order to ensure the Developer continues to make
progress on the project. Staff will try to build flexibility into the Agreement so that
certain actions, such as the Developer and Agency acquiring the Epsteen parcel,
or beginning the remediation work, may occur prior to the Planning approvals or
the approval of the DDA, in order to expedite the project.
J HN S. RAYM D
Did cto of Comm pity and Economic Development
APPROVED
Executive Director '
ATTACHMENTS:
1. Resolution
2. Agreement to Negotiate
AMENDED AND RESTATED EXCLUSIVE AGREEMENT TO
NEGOTIATE
WITH GEIGER, LLC FOR THE
DEVELOPMENT OF A SHOPPING CENTER
THIS AMENDED AND RESTATED EXCLUSIVE AGREEMENT TO NEGOTIATE
("Agreement') is made this _ day of 2003, by and between the
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
("Agency") and GEIGER, LLC ("Developer").
RECITALS
The parties enter into this Agreement on the basis of the following facts,
understandings, and intentions:
A. The Agency is a public body, corporate and politic, exercising
governmental functions and powers and organized and existing under the
Community Redevelopment Law of the State of California (Health and Safety
Code Sections 33000, et seq.).
B. The Agency desires to effectuate the Redevelopment Plan for
Redevelopment Project Area No. 4, now a part of Merged Project Area #1 , by
providing for the development of a regional retail shopping center featuring a big
box retail user within a portion of the approximately 38-acre vacant property at
the northeast corner of Gene Autry Trail and Ramon Road ("Shopping Center") in
the City of Palm Springs, California ("City").
C. The Developer is experienced in shopping center development and
remediating sites subject to environmental contamination and has dealt with the
major tenants who might occupy the Shopping Center.
D. On April 14, 2002, Developer and Agency executed the "Exclusive
Agreement to Negotiate" ("Prior Agreement'). However, despite the parties best
efforts, due to various uncertainties, including the need to develop a land use
plan with adequate environmental review and conditions of the site, including
prior soil contamination issues creating significant remediation costs, the parties
believe that an additional due diligence period is necessary before a purchase
agreement for the Shopping Center Site may be negotiated and executed.
E. It is anticipated that Developer will complete the remediation
approval process in or about July 2003. Pursuant to the Prior Agreement,
Developer has submitted development plans for the Shopping Center to the City,
the City is currently receiving proposals for a consultant to prepare the
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Environmental Impact Report ("EIR") for the Shopping Center, and the Agency
has completed an appraisal of the Shopping Center Site.
F. The Agency and Developer desire, for the period set forth herein, to
continue negotiating diligently in and in good faith to prepare an agreement
("DDA") whereby the Developer would develop the Shopping Center Site as a
major regional power center.
NOW, THEREFORE, and in consideration of the mutual covenants
contained herein, parties mutually agree to the following:
SECTION 1. NATURE OF NEGOTIATIONS.
A. Good Faith. The Agency and the Developer agree that, for the
period set forth in Section 2 herein, they will negotiate diligently and in good faith
to prepare and enter into a DDA that is consistent with the provisions of this
Agreement for the development of the Shopping Center ("Project") on the "Site"
specified in Section I.B. hereof. The development will be subject to all rules,
regulations, standards, and criteria set forth in the Agency's Redevelopment
Plan, the City's General Plan, applicable specific plans and zoning regulations,
and this Agreement. The DDA will generally be in the form negotiated by the
Agency with other development entities subject to the terms the Agency and
Developer mutually agree upon.
B. Site. The Project shall be located upon all or a portion of the real
property designated as the "Shopping Center" or the "Site", as shown in the "Site
Map," attached hereto as Exhibit "A" and incorporated herein by this reference.
The Site is divided into two ownerships, herein designated as the "Agency
Parcel" and the "Epsteen Parcel". The Project may ultimately include only a
portion of the Epsteen Parcel. It is anticipated that the Project will be developed
in phases.
The Developer is in escrow on its purchase of the Epsteen Parcel. The
escrow is anticipated to close in September of 2003.
C. Nature of Shopping Center and Ownership. Pursuant to the
DDA, the Developer must acquire a fee interest in the Site. The design of the
Project shall be consistent with the Agency and City's design guidelines.
Developer shall also obtain architectural review for the Project from the City's
Design Review Board. The Developer is solely responsible for obtaining all
approvals and entitlements for the Project, arranging the financing for the Project,
and constructing all improvements upon the Site.
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The Shopping Center shall be a "power center" with a major tenant big box
retailer occupying at least 100,000 square feet, as well as ancillary retail tenants
to include uses such as general merchandise, food, theaters, home
improvement, clothing, electronics, sports, restaurants, and similar uses. In the
event that, after diligent good faith efforts, the Developer cannot obtain a
commitment from a big box user such as Wal-Mart, Home Depot, Costco or a
similar user, Developer may propose alternative smaller major tenants in a mixed
retail use designed to produce significant sales tax. It is anticipated that the
construction cost of the Project will exceed $8,000,000.
D. Soils. The Agency has disclosed all information it has
concerning the condition of the soils on the Site, which soils contain
contamination and require remediation. Developer agrees to acquire the Site in
an "as is" condition such that Agency shall and will not retain liability for any soils
conditions on the Site following the remediation and sale of the Site. It shall be
the sole obligation of the Developer to investigate the Site and develop a
remediation plan which can be implemented by Developer within the Project
economics; nonetheless, the remediation plan is subject to approval by the
Agency, which approval shall not be unreasonably withheld.
Agency may apply for financial assistance from the state or federal
government to assist Developer with the remediation of the contaminated portion
of the Site, but it shall be the Developer's responsibility to finance and undertake
the remediation of the Site. The Agency and Developer, together with the
County of Riverside Department of Environmental Health, have determined that a
"partial clean closure" of the Site may be the most practical approach, and that
California Health & Safety Code § 33459.1 (a)(1) allows redevelopment agencies
to "take any actions that the agency determines are necessary and that are
consistent with other state and federal laws to remedy or remove a release of
hazardous substances on, under, or from property within a project area, whether
the agency owns that property or not," thereby creating additional authority to
clean the Site, which the Agency may utilize to assist Developer in accomplishing
the remediation. Developer acknowledges that the Agency will not have any
obligation to utilize any public resources except those it may receive from the
state or federal government for the specific purpose of remediating the Site.
Developer will investigate and determine if it will decline to acquire any
portion of the Site which cannot be adequately mitigated, prior to the expiration of
this Agreement. Developer has prepared a Remedial Action Plan ("RAP") which
has been submitted to the County of Riverside Health Services Agency
("County") as the lead agency for the Site's remediation and the California
Department of Toxic Substances Control. Developer will obtain all necessary
permits from the County.
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The Project shall be planned to take advantage of the immunity provisions
of the Polanco Redevelopment Act, Health & Safety Code §33459.01 , et seq.
E. Additional Environmental Considerations. Developer's
geological and geotechnical engineering report has concluded that the Project is
geotechnical feasible, provided that the recommendations contained in the report
are incorporated into the final design and construction phase of the proposed
structure. The parties acknowledge that Developer's may revise the geological
and geotechnical reports.
Developer has performed a complete traffic study for the site which
concluded that the area roadways will generally continued to operate at
acceptable levels.
F. Financial Provisions. Developer shall acquire a fee interest in all
or a portion of the Site at a price to be agreed upon by the parties with the actual
net usable square footage determined through survey and with an offset for
remediation costs. The parties further agree to the following:
1. Developer will have the option to acquire the Site for
$1 ,000,000. Developer will assign this option to the Agency pursuant to a
separate agreement.
2. Developer shall be responsible for funding the cost of any
condemnation action
3. Developer shall be responsible for financing and constructing
all improvements.
4. Developer shall pay for all necessary public improvements
and pay all of City's fees incurred in processing the Project, without
assistance from the Agency.
5. Nothing in this agreement shall be construed to be contrary to
the provisions of Health & Safety Code Section 33426.5, which states:
"Notwithstanding the provisions of Sections 33391 , 33430, 33433,
and 33445, or any other provision of this part, an agency shall not provide
any form of direct assistance to:
(b) (1) A development that will be or is on a parcel of land of
five acres or more which has not previously been developed
for urban use and that will, when developed, generate sales or
use tax pursuant to Part 1 .5 (commencing with Section 7200)
of Division 2 of the Revenue and Taxation Code, unless the
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principal permitted use of the development is office, hotel,
manufacturing, or industrial, or unless, prior to the effective
date of the act that adds this section, the agency either owns
the land or has entered into an enforceable agreement, for the
purchase of the land or of an interest in the land, including, but
not limited to, a lease or an agreement containing covenants
affecting real property, that requires the land to be developed.
(2) For the purposes of this subdivision, a parcel shall include
land on an adjacent or nearby parcel on which a use exists
that is necessary for the legal development of the parcel.
(e) This section shall not be construed to apply to agency
assistance in the construction of public improvements that
serve all or a portion of a project area and that are not
required to be constructed as a condition of approval of a
development described in subdivision (a), (b), or (c), or to
prohibit assistance in the construction of public improvements
that are being constructed for a development that is not
described in subdivision (a), (b), or (c)."
6. Developer shall be responsible for all soils remediation costs
for the Site. The current projected remediation cost is $6,000,000 to
$8,000,000. The remediation costs for the Site must be approved by
Agency (which approval shall not be unreasonably withheld) and shall
offset the purchase price.
7. Developer's remediation costs for the Agency Parcel will be
offset against the purchase price for the Agency Parcel. The purchase
price for the Epsteen Parcel shall be $1 ,000,000.00.
8. The Agency agrees to sell the Site to Developer for fair market
value, less the approved remediation costs, plus appropriate management
and similar costs related to the remediation.
The remediation offset shall not exceed the value of the property
conveyed.
9. The Agency shall not provide financial assistance to the
Project. The remediation offset shall not be considered financial
assistance.
H. Schedule. The goal will be to develop the Shopping Center for
opening by the Third Quarter of 2005, with an understanding that the opening of
15126 v7 5
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the Project may be phased. A Schedule of Performance during the term of this
Agreement is attached hereto as Exhibit "B" and is incorporated herein by this
reference. The DDA shall also contain a Schedule of Performance. Due to the
need to possibly acquire certain parcels through condemnation or environmental
enforcement actions under the Polanco Redevelopment Act title to the parcels
may be delivered in phases upon mutually agreeable terms.
I. Use, Transfer, and Maintenance Restrictions. The DDA will
generally be subject to restrictions on use and transfer during construction and
for a specified period thereafter (i) to assure that the use will be consistent with
and promote the Redevelopment Plan, (ii) to protect the character of the Project
and to provide an adequate long-term financial return, (iii) to prevent speculation,
and (iv) to assure that any transferee has the resources, capability, and
experience to successfully operate the Shopping Center. In addition, restrictions
shall be recorded to assure proper maintenance of landscaping and
improvements.
J. Property Acquisition. To the extent permitted by law, the DDA will
contain provisions that the Agency may consider the use of its power of eminent
domain for site assemblage should voluntary negotiations be unsuccessful.
There is a five (5) foot strip of the Site which is located in the City of
Cathedral City ("Cathedral Property"). Developer is responsible for resolving
issues concerning the Cathedral Property.
SECTION 2. PERIOD OF NEGOTIATIONS
A. Period of Exclusive Negotiation. The period of negotiation shall
be one (1) year from the date this Agreement is signed by the Agency, except as
otherwise provided herein (the "Term").
B. Early Termination. Within one hundred twenty (120) days from the
date hereof, the parties shall meet and review the status of performance under
this Agreement ("Review Meeting"). Within such period, Developer should have
done the following:
1 . Prepared a financial proforma for the construction of the Project
which identifies the total number of square feet for the Project and the cost per
square foot for the construction thereof.
2. Prepared a "Site Plan" specifying tenants contacted and those from
whom commitments have been or will be obtained, as well as the minimum
square footage per tenant. The Site Plan shall also describe the other pads to be
constructed on the Site and specify the various uses of each pad.
15126 v7 ( Q
O °�1 b
If the parties determine that the Project is not economically feasible, or if
Agency finds Developer's progress with respect to the matters set forth in this
Section B.I . and 2. unsatisfactory in its reasonable discretion, Agency may
terminate this Agreement.
C. Extension of Time Agreement. This Agreement may be extended
as follows:
1 . For sixty (60) days, if within the Term a DDA has been prepared by
the Agency and executed by the Developer and has been submitted to the
Agency but has not yet been approved by the Agency's Board of Directors; or
2. For thirty (30) days if within the Term the parties have agreed on the
major business terms have been agreed to and the Executive Director of the
Agency reasonably determines that further negotiations are likely to result in a
DDA; or
3. By mutual agreement of the parties, as evidenced in writing.
D. Agency Approval. Developer understands and acknowledges that
if negotiations culminate in a DDA, such DDA shall be effective only after and if
the agreement has been considered and approved by the Agency Board after
public hearing thereon as required by law.
SECTION 3. DEVELOPER'S RESPONSIBILITIES.
During the period of negotiation, Developer will prepare such studies,
reports, and analysis as shall be necessary to permit Developer to determine the
feasibility of the Project. During the period of negotiation, and as requested by
the Agency, the Developer shall submit to the Agency the following:
A. Full disclosure of Developer's principals, partners, joint venturers,
negotiators, consultants, professional employees, or other associates of the
Developer who are participants or principals of the Project, and all other relevant
information concerning the above.
B. Statement of financial condition in sufficient detail to demonstrate
Developer's financial capabilities, those of its principals, partners, joint ventures,
and those of its prospective developers to satisfy the commitments necessitated
by the Project, including all information necessary to demonstrate the availability
of construction and permanent financing. To the extent Developer wants such
financial statements to remain confidential; they shall be supplied to and
maintained by the Agency in confidence to the extent permitted by law.
15126 v7
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C. All information necessary for the design of the Project to meet the
Agency's reasonable requirements. This information shall be sufficient to allow
Agency to evaluate site configuration, architectural design and similar issues.
D. All Information necessary to show tenant availability and interest, the
nature of the proposed tenants, and the financial strength and resources of the
tenants. To the extent Developer wants such information to remain confidential;
they shall be supplied to the Agency only if confidentiality can be maintained.
E. All information necessary to conduct the Review Meeting required
under Section 2.13. hereof.
The Developer shall negotiate exclusively with the Agency's negotiating
team and with no other persons unless expressly authorized to do so by the
Agency's negotiating team. During the period of negotiations, no statements will
be made by the Developer or Agency to the media without the approval of the
Agency's negotiating team. No prepared statements shall be released to the
media without the mutual consent of the respective negotiating teams.
SECTION 4. AGENCY'S RESPONSIBILITIES.
A. Agency Assistance. The Agency shall cooperate fully in providing
Developer with appropriate information and assistance, but such assistance shall
not include financial assistance unless specifically provided herein.
B. Preparation of Agreement. If agreement is reached on the
business terms for inclusion in the DDA, the Agency shall prepare such DDA for
consideration by the Developer. Agency's expenses incurred in connection with
the preparation of the DDA shall be absorbed by Agency.
C. California Environmental Quality Act. The Agency will assist
Developer to the fullest extent possible in preparing any necessary
environmental documentation for the Project.
D. Grant Funds. The Agency may, but is not required to, apply for
financial assistance for the project from the U.S. Environmental Protection
Agency, Department of Housing & Urban Development and the California
Integrated Waste Management Board or other relevant agencies.
E. Epsteen Parcel Remediation. If both parties deem it appropriate to
the Project, the Agency may order the owner of the Epsteen Parcel or any other
responsible party to clean up this parcel under the powers granted to the Agency
by California Health & Safety Code § 33459.1(a)(1).
15126 v7 8
SECTION 5. GOOD FAITH DEPOSIT.
The Developer will submit to the Agency a good faith deposit in the sum of
Ten Thousand Dollars ($10,000.00) in the form of a cash deposit, cashier's
check, irrevocable letter of credit, or other form of security acceptable to the
Agency to insure that the Developer will proceed diligently and in good faith to
negotiate and perform all of the Developer's obligations under this Agreement
("Deposit"). If the Deposit is in cash or a certified cashier's check, it shall be
deposited in an interest-bearing account in a bank or trust company selected by
the Agency. Interest, if any, shall be added to the Deposit and held as additional
security for the Developer's obligations hereunder. Upon termination of this
Agreement, the balance of the Deposit, less charges against the Deposit
deducted as provided herein, shall be returned to the Developer provided that the
Developer has negotiated diligently and in good faith and carried out its
obligations, to the extent possible, hereunder. If Developer has failed to do so, in
as much as the actual damages which would result from a breach by Developer
of its obligations under this Agreement are uncertain and would be impractical or
extremely difficult to determine, Agency shall be entitled to retain the entire
amount of the Deposit, as the total liquidated and agreed damages.
The Deposit shall be non-refundable to Developer in the event of his
default under this Agreement or, if it is determined that the parties will proceed
and prepare a DDA, under the DDA. Any Agency costs incurred in preparing this
Agreement or a DDA, will be a cost absorbed by the Agency as described in
Section 4B. Any costs incurred by Developer in preparing this Agreement or a
DDA will be a cost absorbed by Developer. If the Agency terminates the Project
after the Review Meeting required by Section 2 for any reason, the Deposit shall
be refunded to the Developer.
SECTION 6. MISCELLANEOUS.
A. No Commissions. The Agency shall not be liable for any real
estate commission or any broker's fees which may arise in relation to the Project.
The Agency represents that it has engaged no broker, agent, or finder in
connection with this transaction, and the Developer agrees to hold the Agency
harmless from any claim by any broker, agent, or finder retained by the
Developer.
B. Ownership of Documents. If the negotiations contemplated by this
Agreement do not result in the execution of an agreement, Developer shall
transfer to Agency copies of any reports, studies, analysis, site plan layouts,
engineering studies, memorandums, or similar documents regarding the
proposed development which were prepared during the period of negotiations
(except tenant information and proformas), which documents shall become the
15126 v7 9
property of Agency. Such transfer shall be made without any representation or
warranty by the Developer as to the accuracy or sufficiency of the contents of
such documents and shall be made subject to the rights of the preparers of such
documents including, without limitation, the copyrights (if any) associated with
such documents.
C. Purpose of Contract. It is expressly understood and agreed by the
parties that this is an Agreement regarding the conduct of contract negotiations
only and does not convey any interest in the Site whatsoever. It is further agreed
and understood that this Agreement does not imply any obligation on the part of
either party to enter into any agreement that may result from the negotiations
contemplated herein.
D. Corporate Authority. The persons executing this Agreement on
behalf of the parties hereto warrant that (i) such party is duty organized and
existing, (ii) they are duly authorized to execute and deliver this Agreement on
behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) entering into this Agreement
does not violate any provision of any other Agreement to which said party is
bound.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day first above written.
[SIGNATURES ON NEXT PEAGE.]
15126 v7 10 r
"AGENCY"
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate
and politic
By:
Chairman
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Mailing Address:
Palm Springs Redevelopment Agency
3200 Tahquitz Canyon Way
Palm Springs, CA 92263
Attn:
[SIGNATURES CONTINUED ON NEXT PAGE]
15126 v7 11
"DEVELOPER"
GEIGER, LLC
By:
Signature
Print Name:
Print Title:
By:
Signature
Print Name:
Print Title:
Mailing Address:
9171 Wilshire Boulevard
Beverly Hills, CA 92210
Attn:
(All Signatures must be notarized.)
15126v7 12 Iq
EXHIBIT A
SITE MAP
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Exhibit "B"
SCHEDULE OF PERFORMANCE
ACTION TIMELINE
1. Submit— Preliminary plans Thirty days
for pre-application review. after fully executed DDA.
2. Submit— PDD application and Sixty days after fully
all associated special studies executed DDA.
and reports.
3. City review of application for Thirty days after#2
completeness. above.
4. City prepares EIR. Nine to twelve months
after#2 above.
5. Planning Commission review Nine to twelve months
of application — Public hearing. after#2 above.
6. City Council review of application — Nine to twelve months
Public hearing. after#2 above.
7. Submission of Final Construction Within thirty days after
Drawings. Landlord/Tenant shall approval of any required
prepare and submit final Construction discretionary approval.
Drawings and Specifications to the City.
8. Approval of Final Construction Drawings. Within thirty to sixty days
City shall approve, conditionally approve after receipt by Landlord.
or disapprove the Final Construction
and Specifications for Site.
9. Governmental Permits. Landlord/Tenant Prior to the date set forth
shall obtain any and all permits required herein for the
by the City or any other governmental commencement of
agency. construction of the
Improvements.
10. Commencement of Construction. Within forty-five days after
Landlord/Tenant shall commence approval of Final
construction of the Improvements. construction Drawings.
11. Completion of Construction. Within two-hundred ten
Landlord/Tenant shall complete days after commencement
construction of the Improvements. of construction.
15126 v7 14
12. City Certificate Completion. City to Within thirty days of the
issue Landlord/Tenant its Certificate receipt by the City of the
of Completion. Certificate of Occupancy.
13. Tenant Possession. Landlord/Tenant Estimated completion date
deliver completed building. Spring 2005.
15126v 15 C�/ ,
RESOLUTION NO.
OF THE COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING AN AMENDED AND RESTATED
EXCLUSIVE AGREEMENT TO NEGOTIATE WITH
GEIGER, LLC OF BEVERLY HILLS, CALIFORNIA
FOR THE PURCHASE AND DEVELOPMENT OF A
REDEVELOPMENT- AGENCY-OWNED PARCEL
AND A PRIVATELY OWNED PARCEL IN MERGED
PROJECT AREA #1 (FORMERLY THE RAMON-
BOGIE REDEVELOPMENT PROJECT AREA)
WHEREAS the Community Redevelopment Agency does own a parcel of land of
approximately 14 acres in Merged Project Area #1, formerly known as the Ramon-Bogie
Project Area; and
WHEREAS the Agency desires to sell the parcel to a developer that can return the land
to productive use and facilitate additional development in the area around the site,
including the generation of sales tax for the City of Palm Springs, and
WHEREAS Geiger, LLC of Beverly Hills, has determined that the development of the
site may be practical; and
WHEREAS Geiger, LLC had requested the Agency to enter into an Exclusive
Agreement to Negotiate for a period of six months on the parcel while they begin the
process of site planning and while the remediation design is done; and
WHEREAS, Geiger has performed under the terms of the Original Agreement, and has
asked for an additional period of time to complete the remediation permitting and the
land use entitlement process.
NOW THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of
the City of Palm Springs, that the Amended and Restated Exclusive Agreement to
Negotiate between the Agency and Geiger, LLC is hereby approved.
ADOPTED this day of 2003.
AYES:
NOES:
ABSENT:
ATTEST: COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF PALM SPRINGS, CALIFORNIA
By
Assistant Secretary Chairman
REVIEWED &APPROVED AS TO FORM