Item 23 - Consideration to Negotiate Purchase of Property
AGENDA REPORT SUMMARY
- .-..
~- ~,~......... ..~
TO: Honorable Chairman and Members of the Redevelopment Agency ~n<<
FROM: J..es L. Bowersox, Executive Direc~
~
INITIATED BY: John D. Fitch, Assistant Executive Directo~ ~
Warren H. Shafer, Director of Redevelopment ervice~
DATE: June 27, 1995
SUBJECT: Consideration of an Agreement for the Exclusive Right to Negotiate for
the Purchase of Property Owned by the Poway Redevelopment Agency at the
Southwest Corner of Poway and Community Roads with the F. T. Von Der Ahe
Company; F. T. Von der Ahe, Principal
ABSTRACT
It is recommended that the Redevelopment Agency approve an Exclusive Right to Negotiate
Agreement with the principal of the F. T. Von Der Ahe Company for the purchase of
property owned by the Poway Redevelopment Agency. The property is located at the
southwest corner of Poway Road and Community Road and was the former site of Security
Pacific Bank.
~- ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
FISCAL IIIPACT
There is no fiscal impact at this time.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMIIENDATION
It is recommended that the Redevelopment Agency approve the Exclusive Right to
Negotiate Agreement with the F. T. Von Der Ahe Company.
ACTION
-
c:\data\agend8\exnegvda.cov
1 of 9 JUN 2 7 1995 ITEM 23
.----.-- -----
~ AGENDA REPOR--
CITY OF POW A Y
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 wiIh 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 Dire~ _
INITIATED BY: John D. Fitch, Assistant Executive Directo~1 ~
Warren Shafer, Di rector of Redevelopment Servi ce .:.0 tJ) /
DATE: June 27, 1995
SUBJECT: Consideration of an Agreement for the Exclusive Right to
Negot i ate for the Purchase of Property Owned by the Poway
Redevelopment Agency at the Southwest Corner of Poway and
Community Roads with the F. T. Von der Ahe Company; F. T. Von
Der Ahe, Principal
BACKGROUND
Donald T. Smith, Jr., broker with Lee & Associates representing the F. T. Von der
Ahe Company, contacted staff regarding the company's interest in acquiring the
former Security Pacific Bank site. The Redevelopment Agency acquired this site
for the purpose of widening Community Road on the west side. Since completion
of the bank building demolition and road widening, the remaining parcel consists
of approximately .48 net acres. The Agency had previously entered into a similar
agreement on this site. That agreement has lapsed and the current owner of the
adjoining plaza, F. T. Von der Ahe Company, wishes to acquire the site.
FINDINGS
The Exclusive Right to Negotiate Agreement (Attachment 1) will allow the
principal of the F. T. Von der Ahe Company the opportunity to negotiate with the
Redevelopment Agency for acquisition of the site. The Agreement will allow the
Redevelopment Agency time to negotiate a Development and Disposition Agreement
which will give the Agency control on how the site is to be developed. Our
preference would be on a quality restaurant with a combination of landscaping,
public art/water feature to enhance the site. This intersection and the
development adjacent to it are especially important due to their location in the
heart of our "Town Center."
ENVIRONMENTAL REVIEW
This action is not subject to CEQA review.
ACTION: l
2 Of 9 JUN 2 7 1995 lleM 23
~- -
Exclusive Right to Negotiate Agreement
- F. T. Von der Ahe Company
June 27, 1995
Page 2
FISCAL IMPACT
There is no fiscal impact at this time.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
None.
RECOMMENDATION
It is recommended that the Redevelopment Agency approve the Exclusive Right to
Negotiate Agreement with the F. T. Yon der Ahe Company.
Attachment: (1) Proposed Exclusive Right to Negotiate Agreement with Site Map
c:\data\agend\exnegvd8.rpt
JUN 27 1995 IT M 23
3 of 9
-
EXCLUSIVE NEGOTIATION AGREEMENT
This Agreement is made by and between the Poway Redevelopment Agency (the
"AGENCY") and F. T. YON DER AHE COMPANY (the "DEVELOPER").
RECITALS
1. The AGENCY desires that certain parcels of real property (the "Site")
within the Paguay Redevelopment Project Area (the "Project Area") be developed
in accordance with the provi s ions of the adopted Redevelopment Pl an for the
Paguay Redevelopment Area (the "Plan").
2. The .48 acre Site is located on the south side of Poway Road west of
Community Road and is currently owned by the Poway Redevelopment Agency. A map
depicting the Site is attached hereto marked Exhibit "A."
3. DEVELOPER, pursuant to the California Community Redevelopment Law
(California Health and Safety Code Sections 33000, et seq.), desires to develop
the property, as the adjoining property owners, 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 feasibility
of developing restaurant/retail use on the Site, and to negotiate a Development
and Disposition Agreement (the "DDA") which if negotiated and approved would
provide for the conveyance of the Parcel to the DEVELOPER for development of the
Site in accordance with the Plan.
Attachment 1 JUN 2 7 1995 E;:;M 23
4 of 9
-- Exclusive Negotiation Agreement
F. T. Von der Ahe Company
Page 2
NOW, THEREFORE, the AGENCY and DEVELOPER agree as follows:
Sect ion 1. Recitals. The above recitals are incorporated herein as if set
forth in full.
Section 2. Neootiation. AGENCY and DEVELOPER agree for the peri od
described in Section 3, below, to use their best effort to negotiate and prepare
a Di spos it i on and Development Agreement between AGENCY and DEVELOPER for the
development of the Site in accordance with the provisions of the Plan.
Section 3. Neootiation. AGENCY agrees that it will not negotiate with any
other person or entity for the development of the Site for a period of 90 days.
Section 4. AGENCY Coooeration. 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 economic
data relating to the use of the Site for restaurant/retail, 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 confidential.
JUN 2 7 1995 1'7-;; ',1 23
;,~.f!ij
5 of 9
~~- --
Exclusive Negotiation Agreement
F. T. Von der Ahe Company
Page 3
Section S. Additional Steos and Procedures. Both AGENCY and DEVELOPER
acknowledge that as soon as possible after execution of this Negotiation
Agreement, the fo 11 owi ng steps and procedures need to be implemented duri ng
negotiations contemplated by this Agreement:
1. DEVELOPER shall obtain and submit to the AGENCY a letter
substantiating that they have the financial commitment to purchase
the Site.
2. DEVELOPER and AGENCY shall diligently pursue negotiations with the
Redevelopment Agency for the acquisition of the property.
Section 6. DEVELOPER Reoorts. DEVELOPER shall, not less than once each
20 days, advise the Executive Director of the AGENCY of DEVELOPER'S progress in
preparing the development proposal.
Section 7. NeQotiators Desianated. The AGENCY has designated the
following person as being primarily responsible for the negotiation of the DDA:
James L. Bowersox, Executive Director
Poway Redevelopment Agency
13325 Civic Center Drive
Poway, CA 92064
JUN 2 7 1995 In:M 23
6 of 9
Exclusive Negotiation Agreement
F. T. Von der Ahe Company
Page 4
The DEVELOPER has des i gnated the fo 11 owi ng person as being primarily
responsible for the negotiation of the DDA:
Frederick T. Von der Ahe
F. T. YON DER AHE COMPANY
1001 Dove Street, Suite 150
Newport Beach, CA 92660
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 8. Particioant Acknowledaement. The DEVELOPER acknowledges and
agrees that execution of this Agreement by the AGENCY does not constitute 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 9. Termination. Notwithstanding any provisions of the Agreement
to the contrary, unl ess extended upon mutual consent of the part i es, this
Agreement shall terminate and be of no further force and effect 90 days after the
AGENCY executes this Agreement. If, in vi ew of the AGENCY, DEVELOPER has not and
is not proceeding with negotiations in a timely manner, the AGENCY reserves the
right to terminate this Agreement at any time.
JUN 27 1995 ni.NJ 23
7 of 9
-~-------_._.__.._-_. -
Exclusive Negotiation Agreement
F. T. Von der Ahe Company
Page 5
Sect ion 10. Ass ianment. 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.
DEVELOPER:
F. T. VON DER AHE COMPANY
Dated: , 1995 By:
Frederick T. Von der Ahe
Principal
AGENCY:
Poway Redevelopment Agency
Dated: , 1995 By:
James L. Bowersox
Executive Director
c:\data\rda\exnegagt.vda
8 of 9 JUN 2 7 1995 n~M 23
_u____ _u _
.. ~ ~--
-
Poway Road
-
!'/ j ,.' 38,OO'~
'~i ~ - - - 1____
i':)!jj i_\:\ .~,., .....'1, H'~
,in .~ ,'..>is \1!t ~ ..""~ - !
I ~~ .~~~.~.' '.~~:77':, I'. ~'
, .,~~~.~~~.~.~~ ~.'~'f~' !1- I lii;'IflRIGHTOF Wt\y
. ,.:;w::....;:<~,,-,,:< .
r,~:~-. ' ~ . ~ r -"0m DEDICATION
i 21 . 'c
F7,;:;.<, 20~ L y"- ....;. 1:;/\1 REMAINDER
~,<' ~ ,<~ ,i\ .' I - '~"~'~~"~~ PARCEL
\"<". Jt ~~. ~.~ i' n I
.~ "ii 1 Ii ; I '. , i"'.' ~.....'. 0-- : ~
"i0~;< Iii ..t~F ~~ < S:i I" ~
~?_>Y ~~~" .~ '" '; -'i ~ (
:,'..-> < " .c, '~. ','~~ .. .
[s.., , ~. ~ ".~ ~~. "
l~ > ~
: 0-~/': '~.~~.~. > -.- ~ '--;.,-":,, ,-y as
;/~.~"',.~:..i > .~,~~~ ~,~..~~;- ::7. Q
'~';e., .....;..;...;., 'l'~ ,~~~..~. !ii ~
')'~f:+ i.lm.Eli ~ij .e>
. V.L Lii, ;:V ,,;. ii<V lj ;:" ~
~~.i,. ;- .. ....~~:: s
i.i;...,J..... ,i.:.i s
f ~\;ii ...... . Q
.,.' "'" "-"~,~.~,,',. 0
?:;.:~ ,'.",. .~~~~. i
ii 20::..i ~ t:.; ..
Y."Ci.rH ~,.,~.ii;.;< .~.,~~~~. f.., .. ~ ~
, ~"~~'.' .; 'ii/Fii/t,
:,<ii' ~~~ ,".,', :~; 'its ~ """
:'~~~..::) ,~..)i.~,
'~~;;;ii~ ,,'." .~.~~~.~..,'" ,::
:) > ~
~ '"'-~ ,.
~. .' .,:.:~~.i./., ,'~~~',~, ~ . ~~. ~~. '1-:;,
"C'~" _ I~
1211"0' G - A
ros, rea----________ =0.80Ac.
Poway Road Oedic3tion(~\t;Tn+~) = 0.15 Ac.
! Add'l Community Road Dedication _ 0.11 Ac,
I ~_.._=..s====::
, Net Area- - _ _ _ _ _ _ _ _ _ _ _ _ = 0.48 Ac.
i
,
SECl.iRITY P-KIFIC BA'K PROPERTY
cor. Poway Road & Community Road
Exhibit "A" JUN 27 1995 ITEM 23 'j
9 of 9