Loading...
Item 17 - Exclusive Negotiation Agreement with Chrysler Realty Corp'AGENDA REPORT �`�" CITY OF POWAY This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council, staff or public request it to be removed from the Consent Calendar and discussed separately. If you wish to have this report pulled for discussion, please fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Chairman and Members of the Redevelopment Agency FROM: James L. Bowersox, Executive Dir c DATE: April 22, 1986 SUBJECT: Exclusive Negotiation Agreement with Chrysler Realty Corp. BACKGROUND In July 1985, the Redevelopment Agency entered into an Exclusive Negotiation Agreement with Bruce A. Carey. The purpose of this agreement was to permit Mr. Carey to establish an automobile dealership along the south side of Poway Road east of Midland Road. That agreement expired in November 1985., Since that time, staff has been working on alternative plans for the establishment of this dealership which has now been identified as Dodge /Dodge Trucks. Representatives of Chrysler Corporation have stated that the .land and buildings for the Poway dealership will be constructed and owned by Chrysler Realty. Therefore, it seems most appropriate to work directly with Chrysler Realty for the purpose of establishing a Dodge /Dodge Truck dealership. L TTTT TTT/- C Attached for Agency consideration is an Exclusive Negotiation Agreement with Chrysler Realty Corporation. This agreement provides that the Redevelopment Agency will work with Chrysler Realty Corpora- tion to establish an automobile dealership with the City of Poway. RECOMMENDATION It is recommended that the Redevelopment Agency authorize the Executive Director to sign the Exclusive Negotiation Agreement with Chrysler Realty Corporation. ACTION: Adopted staff recommendation, of ei ert, Deputy City Clerk I of 7 APR 22 1986 ITEM 17 f EXCLUSIVE NEGOTIATION AGREEMENT THIS AGREEMENT is made by and between the Redevelopment Agency of the City of Poway (the "AGENCY ") and Chrysler Realty Corporation (the •U0f* 1. The AGENCY "site ") within the be developed in acc Plan for the Paguay 2. The site is the proposed extension attached hereto marked 3. DEVELOPER, RECITALS that certain parcels of real property (the Redevelopment Project Area (the "Project Area ") with the provisions of the adopted Redevelopment Area (the "Plan"). >cated on the south side of Poway Road easterly of of Midland Drive. A map depicting the site is Exhibit "A ". t to the California Community Redevelopment Law (California Health andlSafety Code Sections 33000, et seq.), desires to develop the property in accordance with the Plan. 4. AGENCY and DEVELOPER desire to enter into an agreement which will permit the parties to make the necessary analysis to determine the feasibi- lity of developing an auto dealership on the site, and to negotiate a Development and Disposition Agreement (the "DDA ") which if negotiated and approved would provide for development of the 2 of 7 for the conveyance of the Parcel to the DEVELOPER site in accordance with the Plan. aR APR 22 1986 ITEM 17 Q NOW, THEREFORE, The Section 1. Recita if set forth in full. Section 2. Negotia described in Section 3, prepare a Disposition a DEVELOPER for the devel of the Plan. Section 3. Neqotia Ell and DEVELOPER agree as follows: . The above recitals are incorporated herein as . AGENCY and DEVELOPER agree for the period aw, to use their best efforts to negotiate and Development Agreement between AGENCY and ent of the site in accordance with the provisions ion. AGENCY agrees that it will not negotiate with any other person or entity for the development of the site for a period of one hundred - twenty days (120). Section 4. AGENCY Cooperation. AGENCY agrees to promptly provide to the DEVELOPER all information possessed by AGENCY reasonably related to the development of the site including, but not limited to, marketing and econo- mic date relating to the use of the site for an auto dealership, traffic studies, population and demographic studies and the like. DEVELOPER agrees to provide Agency with all such information that it possesses and /or generates during the exclusive negotiating period provided such.information shall remain confidentiail. Section 5. Additional Steps and Procedures. Both AGENCY and DEVELOPER acknowledge that as sooi as possible after execution of this Negotiation Agreement, the following steps and procedures need to be implemented during negotiations contemplated by this Agreement: -2- =0 APR 2 2 1986 ITEM 17 1. DEVELOPER shall request Chrysler Corporation to commence pro- ceedings at the earliest possible date for notification of the proposed new franchise location to dealers of the proposed new franchise location to dealers selling the same make automobile within a 10 mile radius, if any, under the State New Motor Vehicle Board procedure. 2. DEVELOPER and AGENCY shall diligently pursue negotiations with existing property owners for the acquisition of the property. In the event the negotiations are unsuccessful, AGENCY shall promptly obtain a reuse appraisal of the property for the use of the AGENCY and DEVELOPER. Section 6. Purchase Price - Financial Assistance. The purchase price of-the-Parcel., the.extent_of public improvements to be required of DEVELOPER and the extent_of "AGENCY financial or other assistance, if any, will be- established -by AGENCY after- :negotiations with DEVELOPER, and will be based upon such factors as market conditions, reuse value, permitted uses, density of development, development costs, financing costs, risks of DEVELOPER, estimated or actual monthly rent factor. Section 7. DEVELOPER Reports. DEVELOPER shall, not less than once each 30 days, advise the Executive Director of the AGENCY of DEVELOPER'S progress in preparing the.development proposal. -3- APR 22 1986 ITEM 17 L4 of 7 Section 8. Negotiators Designated. The AGENCY has designated the following persons as being primarily responsible for the negotiation of the DDA: James L. Bowersox, Executive Director Poway Redevelopment Agency 13325 Civic Center Drive Poway, California 92064 The DEVELOPER has designated the following person as being primarily responsible for the negotiations of the DDA: Edward J. Terhall Zone Real Estate Manager Chrysler Realty Corporation 1717 St. James Place Placentia, CA 92670 The parties acknowledge that the successful negotiation of a DDA will -=require candid :exchanges of--information often on short notice and agree that they will direct their-designated--negotiators to cooperate fully in the negotiation process. Section 9. Participant Acknowledgement. The DEVELOPER acknowledges and agrees that execution of this Agreement by the AGENCY does not consti- tute any approval of development on the Site, nor does it obligate the AGENCY or the City of Poway (the "CITY ") to hereafter enter into further agreements concerning the Property. Section 10. Termination. Notwithstanding any provisions of this agreement to the contrary, unless extended upon mutual consent of the par- ties, this Agreement shall terminate and be of no further force and effect one hundred - twenty (120) days after the date the AGENCY executes this Agreement. -4- APR 22 1986 ITEM 17 5 of 7 Section 11. Assignment. This Agreement shall not be assigned by the DEVELOPER without prior written approval of the AGENCY, which the AGENCY may grant or refuse at its sole discretion. Dated: , 1986 DEVELOPER: Chrysler Realty Corporation LIN HATe Poway Redevelopment Agency Dated: , 1986 By: -5- 6 of 7 APR 22 1986 ITEM 17 i J g II rV1J.:J.Y1IA.L u,R,1-11I( $ • - OF AUTO DEALER- SHIP SITE r 4 m PIN T rZ rl �9 per m ®R. MIDLAND RD. � �. :30 .as I 'V • a • o • 4 � Alk O ; O.q I 4W i I I r i EXHIBIT A- ` 7 of 7 b1 OD A s APR' 2 2 i986 IT E KA 17 Ca O