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Item 11 - Poway RDA v. Parkway Bus. Centre Partners Ltd. -,. AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~ iNITIATED BY: , Stephen M. Eckis, City Attom~ DATE: December 5, 1995 SUBJECT: Poway RedeveloDment Al!ency v. Parkway Business Centre Partners. Ltd. Settlement ABSTRACT: On June 27, 1995, the City Council approved in closed session the settlement of Pow~ RedevelQpment Ae:ency v. Parkway Business Centre Partners. Ltd., San Diego Superior Court Case No. 685313, subject to execution of documents, Settlement as approved is now final. ENVIRONMENTAL REVIEW: Environmental review is. not required for this agenda item according to CEQA guidelines. - FISCAL IMPACT: $7,372,075 from Phase I increments is payable to Burlich according to the promissory note. $1,700,000 from Phase I increment is payable to the City according to the promissory note. ADDmONAL PUBLIC NOTIFICATION AND CORRESPONDENCE: None. RECOMMENDATION: Review and me. ACTION: - 1 of 3 DEe 5 1995 ITEM 11 AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: J_ L. Do"""'. City ~ INITIATED BY: Stephen M. Eckis, City Att DATE: December 5, 1995 SUBJECT: Powav RedeveloDment A2encv v. Parkwav Business Centre Partners. Ltd. Settlement ABSTRACT: On June 27, 1995, the City Council approved in closed session the settlement of Powl\Y Redevelopment A2ency v. Parkway Business Centre Partners. Ltd" San Diego Superior Court Case No. 685313, subject to execution of documents. Settlement as approved is now final. BACKGROUND: The Redevelopment Agency and Parkway Business Centre Partners, Ltd. ("Parkway") executed an Owner Participation Agreement ("OPA") on November 15, 1988. Parkway agreed to build various public improvements including the Scripps poway Parkway across its property. Powayagreed to pay Parkway approximately $17,000,000. Parkway did not build all of the improvements and has failed to pay taxes on the property, On March 17, 1995, Poway filed suit asking the court to declare the respective rights and duties of the parties. Parkway, now Burlich Corporation, cross-complained in the lawsuit claiming that Poway caused Parkway unspecified millions of dollars of losses, The parties have now settled the lawsuit. The settlement agreement is on file in the City Clerk's office, FINDINGS: The lawsuit has been settled in the best interest of Poway on the following essential terms: ACTION: 2 of 3 DEe 5 1995 ITEM 11 -~ Agenda Report -- December 5, 1995 Page Two 1. Burlich receives a Promissory Note for $7,372,075 payable from future tax increment from Phase I of the project in return for the public improvements built by Parkway. 2. A second Promissory Note for $1,700,000 payable to Burlich is assigned to the City to defray the amount provided by the City to the CFD to avoid a default on bonds, 3. All parties release one another from all claims arising out of the OP A and the project, except that Burlich continues to be obligated to pay all taxes. ENVIRONMENTAL REVIEW: None required. FISCAL IMPACT: $7,372,075 from Phase I increments is payable to Burlich according to the promissory .",-. note. $1,700,000 from Phase I increment is payable to the City according to the promissory note. PUBLIC NOTIFICATION: Standard notification. RECOMMENDA nON: Review and file. ### .- 3 of 3 DEe 5 1995 ITEM 11