1985-1217_WESTAR ASSOCIATES_Negotiating AgreementPLANNING AND NEGOTIATING AGREEMENT
BETWEEN THE SAN JUAN CAPISTRANO
COMMUNITY REDEVELOPMENT AGENCY AND
WESTAR ASSOCIATES FOR THE WESTERN
ORTEGA SUB -AREA OF THE REDEVELOPMENT PROJECT AREA
This exclusive negotiating agreement (the "Agreement"),
is made and entered into this 17th day of
December
19 85 , by and between the San Juan Capistrano Community Redevelop-
ment Agency, a public body (the "Agency") and Westar Associates,
a California corporation (the "Developer"), having its offices at
2925 Bristol Street, Costa Mesa, California 92626.
RECITALS:
In furtherance of the objectives of the Community Re-
development laws of the State of California, the Agency is desirous
of encouraging the redevelopment of those certain parcels of land
located within the Ortega West Sub -Area of the Redevelopment Project
Area as shown on Exhibit A attached hereto.
Developer is desirous of negotiating an Owner Participat-
ing Agreement ("OPA") with Agency for the purpose of redeveloping
on the subject property a commercial shopping center.
The parties recognize and acknowledge that development
feasibility with respect to economics, land use determinations,
circulation, and other similar considerations have not been
determined to the satisfaction of either party. Similarly, the
feasibility of the Agency and Developer entering into an OPA has
not been determined to the satisfaction of either party and the
purpose of this Agreement is to provide the Developer with the
opportunity to demonstrate its capability to the Agency and to
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allow the Agency and the Developer an opportunity to determine
development feasibility of the project and, if determined feasible,
to negotiate the terms of an OPA.
Both parties shall make every best effort and negotiate
in good faith to the end that an OPA, satisfactory to both parties,
will be completed at the end of the agreement period.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
('+ , l r
1. During the period of one hundred eighty (180) days from
the date of this Agreement ("Negotiating Period"), Agency and
Developer shall seek in good faith to establish development plans
and concepts including but not limited to land use, circulation,
architectural and other related concerns as well as determine the
economic feasibility of the development. If both the Agency and
the Developer are satisfied with a proposed plan of development
as heretofore described and are satisfied with the economic feasi-
bility of the development as so proposed, Agency and Developer
shall seek in good faith within such period to negotiate an Owner
Participation Agreement ("OPA") for the development of all or
portions of the Ortega West Sub -Project Area. In furtherance of
this purpose, the parties shall fulfill the following obligations:
a. Developer understands and acknowledges that the
values of the community as set forth in the San Juan Capistrano
General Plan are of paramount importance to the Agency, its Board
of Directors, and the citizenry of San Juan Capistrano. Developer
cwm
therefore agrees to cooperate fully and consult with the Agency
and City staff as well as the various boards and commissions of
the City in the preparation of any and all plans relative to this
project in order to assure that the closest cooperation and fullest
understanding occurs relative to the accomplishment of the mutual
objectives of the parties in a manner consistent with the General
Plan of the City of San Juan Capistrano.
+S�R� b. Within sixty (60) days hereof, Developer shall submit
preliminary master development and urban design plans consisting
of a preliminary site plan, a conceptual land use and circulation
plan (including connections to downtown, Ortega Highway, etc.),
basic floor plans, perspective renderings, elevations, a mass model,
and landscape plan for the development.
c. Within ninety (90) days from the date hereof, Developer
shall determine and submit the anticipated time schedules for the
commencement and completion of construction for the development.
d. Developer shall provide in writing progress reports
to the Agency regarding its process in preparing a master development
plan, site plans, floor plans, elevations, time schedules for the
development of the site, circulation element, landscape plans, the
mass model, and such other information pertinent to the design and
development of the project as the Agency may determine appropriate.
Such reports shall be submitted in a timely manner as may be agreed
upon by the Developer and Agency, but in no event shall more than
sixty (60) days lapse between reports.
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Agency agrees to cooperate with Developer and supply
financial institutions with appropriate information, if available
and not otherwise privileged, to facilitate the obtaining of financ-
ing for the development.
In the event that Developer or Agency fails to fulfill
the obligations described hereinabove within the time specified,
the nonperforming party shall have ten (10) days following written
notice from the other to cure such failure to perform as may be
identified in the written notice. If, in the judgment of the per-
forming party, the nonperforming party has failed to cure within
such ten (10) day period, the performing party may terminate this
Agreement and neither party shall have any further rights or obli-
gations to the other. In such event, the Agency may negotiate with
any other person for the development of the subject property and
the Developer, by execution hereof, agrees that notwithstanding
anything herein to the contrary, it shall have no rights of specific
performance or to claim any right or title or interest in the
subject property or any part thereof.
2. If at the end of the Agreement period Developer can show
evidence of performance satisfactory to the Agency, Agency may
grant extensions of time at its discretion.
3. Agency shall not negotiate regarding the development of
the subject property with any other person or entity except other
property owners on the site during the negotiating period or such
other extended period as may be granted by the Agency in writing
and agreed to by Developer. If a mutually satisfactory OPA has
IWO
not been negotiated and executed by Developer during such period,
then this Agreement shall automatically terminate at the end of
such period (or as the same may have been extended).
4. The design and development objectives for the project
shall be specified in the OPA and actual development shall be in
conformity therewith. All drawings, plans and specifications for
such development shall be subject to the approval of the City of
San Juan Capistrano and the Agency. The Agency shall cooperate
fully with Developer's professional associates in providing them
with any information and assistance in connection with the prepara-
tion and execution of such drawings, plans, specifications reason-
ably within the capacity of Agency to provide. Developer agrees
to require its professional associates to cooperate fully with
Agency and the City professional staff in providing them with any
information and assistance in connection with the review and presen-
tation of plans, drawings and specifications by the Agency and City
staff to the various boards and commissions of the City as well as
the City Council and Agency Board of Directors.
5. Developer currently owns or has or will have agreements
to purchase one or more parcels as shown on Exhibit A attached
hereto and incorporated herein by reference. Developer shall use
its best efforts to acquire all parcels necessary for the successful
completion of the project as approved by the Agency, following
submission and approval by Agency of a preliminary master develop-
ment plan which includes the elements set forth in Section 1 of
this Agreement. The Agency reserves to itself the sole and exclusive
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right to determine whether this condition has been met. Developer
shall use its good faith effort to acquire or reach agreement for
the acquisition of the subject parcels. It is the desire of the Agency
that the project proceed only when all parcels delineated in the
approved preliminary master development plan are acquired.
6. It is understood that Developer will not request the
Agency to utilize eminent domain for property acquisition unless
Developer has exhausted all other feasible methods of acquisition,
provided this does not constitute Agency commitment to institute
eminent domain proceedings.
7. Developer represents that it is knowledgeable in the
type of development proposed and may only associate in the planning
and development of the project with persons, firms, or corporations
who are knowledgeable of the type of development proposed and have
been approved by Agency.
8. The considerations of an OPA by Agency is contingent on
the findings of a market study to be paid for by the developer but
conducted by a consultant to be selected by Agency confirming the
market feasibility of the project proposed by Developer. It is
anticipated that the market study will be completed prior to the
expiration date of this Agreement. The term of this Agreement
shall automatically be extended to coincide with the date of which
the market study findings are accepted by the Agency.
9. During the negotiating period the Agency and Developer
shall negotiate in good faith to reach agreement on business points
and prepare an OPA. Agency agrees that unless this Agreement is
terminated, it shall not, during the negotiating period, negotiate
with any other person or entity regarding the redevelopment of the
site except other existing property owners; the foregoing shall not
be deemed to prevent the Agency from furnishing to anyone public
records and information pertaining to the Ortega West Sub -Area
of the Redevelopment Project Area.
!�"+tom 10. Thirty (30) days prior to the end of this Agreement, the
Developer shall make a complete written report to the Agency with
respect to all activities of the Developer hereunder (the "Final
Report"). The Final Report shall include without limitation a
proposed master development plan satisfactory to the Agency and
the City of San Juan Capistrano, and shall contain such other in-
formation as may be determined appropriate by the Agency including
a report on satisfactory completion of all other requirements of
this Agreement.
11. In the event the Developer fails in a timely manner to
complete the feasibility study, master plan, to obtain consents,
to make the progress report, Final Report, scope and detail accep-
table to the Agency in its sole discretion, or should the Developer
advise the Agency that it is not feasible for the Developer to
proceed with the development of the site, the Agency shall, at its
option and upon written notice to the Developer, terminate this
Agreement thereafter except with respect to and the provision of
the progress report and Final Report, either party shall not have
any obligation or liability to the other party.
12. Developer agrees and acknowledges that the progress
report, Final Report, and any other reports submitted to the Agency
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for fulfillment of the requirements of this Agreement shall be
the property of the Agency which may thereafter use such reports
in its sole discretion.
13. The Developer agrees and acknowledges that irrespective
of whether the parties enter into an OPA, the Agency shall have
no obligation to contribute toward any cost of the study, the
preparation of the master plan or other plans, or in the preparation
of the progress report of the Final Report.
14. Developer has placed with the Agency a good faith de-
posit in the amount of Fifteen Thousand Dollars ($15,000.00).
Agency shall have the right to spend whatever portion of said deposit
as is necessary for appraisal fees, market studies, and other costs,
including staff time associated with the project. The parties
acknowledge that the Agency has no obligation to and will not expend
funds for the purpose of exploring developing feasibility as des-
cribed herein beyond the amount advanced for such purposes by
participant. Agency estimates that it will incur the following
costs:
Consultant Fees $12,000.00
Agency Staff Time 3,000.00
Total $15,000.00
No interest shall be due to Developer on this deposit. In
the event that this Agreement shall terminate for any reason, then
Agency shall refund any unused or uncommitted portion of the deposit
to the Developer. In the event Agency provides financial assistance
for the project, any unused portion of said deposit shall be applied
am
towards the total amount of financial assistance to reduce the
amount of Agency participation. In the event Agency does not pro-
vide financial assistance, the unused portion of said deposit shall
be returned to Developer.
15. Developer agrees that there shall be no discrimination
against or segregation of any person or group of persons on account
of sex, race, color, age, martial status, religion, handicap, creed,
national origin or ancestry in the sale, lease, sublease, transfer,
use, occupancy, tenure or enjoyment of the land, nor shall the
transferee establish or permit any such practice or practices of
discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year appearing below.
Date: December 17, 1985
ATTEST:
Agency cretary
Mary An Hanover
SAN JUAN CAPISTRANO COMMUNITY
REDEVE MENT AGENCY
BY V,1,
✓' Vice Chairman
Lawrence F. Buchheim
APPROVE AS TO FORM: W R ASSOCIATES '
E By L\J/
Jo Shaw, Agency Counsel Titl t
it
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Exhibit A
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A.P. 0000"S"ll
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A.P 060-231-M
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Y. Nayal.i.1
Y. -000-031..1
.ASW TMADM
Y. �0aFt04b0a
Exhibit A
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ADJOURNMENT
There being no ther business before the Board, then ting was adjourned at 9:35
p.rn., to the next m ting date of Tuesday, August 4, 987, at 8:00 a.m., in the City
Council Chamber.
'Respectfully subfnitted,
J
MARY ANN H OVER, AGENCY SECRETARY
ATTEST:
GARY L. HAUSDORFER, CHAIRMAN
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7/21/87
PURCHASE OF WESTAR MARKETING DOCUMENTS
ORTEGA PLANNED COMMUNITY 600.40
Written Communications: T
Report dated July 21, 1987, from the Deputy Director, advising that Westar
Associates had proposed to develop the property known as the Ortega Planned
Community and had compiled data which included architectural and engineering
documents, demographic studies, market survey reports and retail surveys of south
Orange County. The report advised that A'estar was no longer interested in the
development and had agreed to sell the information to the Agency.
Approval of Purchase:
It was moved by Director Schwartze, seconded by Director Buchheim and
unanimously carried to authorize the purchase of the information from Westar
Associates for $28,243.11.
5. --,PROPERTY
THE DEPOAAREST
Wrt en Communications:
Repor dated July 21, 1987, f/asit
e E ec 've Director, advising that the oard
would c Sider the terms of ion of e Depot Restaurant duri Closed
Session. I he terms were ap, a p blic a ion would be taken f owing the
Closed Sessio
Finding of Unavaj Dir,lit,
The Executive ec r advised that in cor
to finalize document\Close
Santa Fe
Deposit Insurance Coat had be
of the Agenda. It wy Director
and unanimously carrthat the<_
meeting and it was nensider th
Depot Restaurant dure �ession
CLOSED SESSION
unction with this i m, it was necessary
andPacific R 'road and the Federal
n unavailable t the time of publication
Schwa/nn
conded by Director Bland
ternsnot available prior to the
min ion with acquisition of The
The Board recessed at 7:23 p.m., to rec vene e City Council meeting. The Board
convened in a Closed Session at 8:15 .m., fo di ussion of acquisition of Santa Fe
Railroad property known as The Dep Restaur t, th .Agency Secretary being excused
therefrom, and reconvened at 9:35 .m.
BOARD ACTIONS
.20)
It was moved X Director Schwartze, seco ded by Director Buch hn and carried
with Direct Schwartze and Chairman Hausdorfer absent, to thorize the
Executive rector to execute a final ag eement for acquisition o the Depot
Restaura property. Mr. Julian was also authorized to prepare a P est for
Qualifi tion and a Request for Proposals t secure a new restaurant operat ;said
docu ents to be presented within 45 days for review by the Board of Directors.
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7/21/87
AGENDA ITEM
TO.-
FROM:
O:FROM:
SUBJECT:
SITUATION
N
Stephen B. Julian, Executive Director
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
N
Purchase of Documents from Westar Associates
July 21, 1987
A. Summary and Recommendation - Westar Associates, the former proposed developer
for the property near the southeast corner of the San Diego Freeway and Ortega
Highway, known as the Ortega Planned Community, compiled certain data the
Redevelopment Agency wishes to obtain. It is therefore recommended the
Redevelopment Agency authorize the purchase of the data for $28,243.11.
B. Background - During 1986, Westar Associates had an exclusive negotiating
agreement for the Ortega Planned Community property and had proposed a
development. During the period of time it was considering the development,
Westar Associates compiled the following information:
Architectural and Engineering Documents
Aerial Photographs
Demographic Studies
Market Survey Reports
Retail Survey of South Orange County
Retail Marketing Surveys
Tenant Solicitations
Since Westar Associates is no longer interested in developing the
Redevelopment Agency is desirous of having the above materials
use in discussion with future developers, Westar Associates has
information to the Agency for their cost of $28,243.11.
PUBLIC NOTIFICATION
None.
COMMISSION/BOARD REVIEW RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
property, but the
on hand for their
agreed to sell the
The funds for this could be derived from the Agency's specialized services account.
,-09 C I YY COQNQ- I �,, AGENDA /elt. 4
Agenda Item
ALTERNATE ACTIONS
09
-2- July 21, 1987
Authorize the Agency to purchase the information from Westar.
2. Authorize the Agency to purchase only a portion of the information from Westar.
3. Do not authorize the Agency to purchase the information from Westar.
4. Direct staff to purchase the information from another source.
RECOMMENDATION
By motion, authorize the Redevelopment Agency to purchase the above information from
Westar Associates for $28,243.11.
Respectfully submitted,
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:PAD:dh
GPDAI721873
Written Communications:
Report dated July 15, 1986, from the Acting Deputy Director,
advising that on June 17, 1986, the Agency extended the
Planning and Negotiating. Agreement with Westar Associates to
July 15, 1986, to allow time for escrow to close on the
"Greene" property. The report noted that escrow had not yet
closed, and Mr. Greene was willing to extend the escrow for
an additional 30 days to provide the opportunity for Westar
and the Agency to formulate a joint venture agreement.
Approval of Extension:
It was moved by Director Schwartze, seconded by Director
Friess and unanimously carried to approve the extension of
time to August 19, 1986, for the Planning and Negotiating
Agreement between the San Juan Capistrano Community
Redevelopment Agency and Westar Associates for the Western
Ortega sub -area.
AGENDA ITEM July 15, 1986
TO: Stephen B. Julian, Executive Director
FROM: Thomas Tomlinson, Acting Deputy Director
Community Redevelopment Agency
SUBJECT: Extension of Agreement for Exclusive Right to Negotiate (Westar
Associates)
SITUATION
On June 17, 1986, the Agency extended the Planning and Negotiating Agreement with
Westar Associates to July 15, 1986, to allow time for escrow to close on the "Greene"
property. The escrow has not closed; however, Mr. Greene is willing to extend the
escrow for an additional 30 days to provide the opportunity for Westar and the Agency to
formulate a joint venture agreement.
If negotiations between the Agency and Westar are successful, it is anticipated that an
additional extension of the Planning and Negotiating Agreement will be requested at the
Agency's August 19, 1986 meeting.
PUBLIC NOTIFICATION
Owners of property covered by the Planning and Negotiating Agreement have been
notified.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
None at this time.
ALTERNATE ACTIONS
1. Allow the agreement to terminate.
2. Extend the Planning and Negotiating Agreement to August 19, 1986.
� Pa�fs
7/1,5/86 &OX5
C,�A
dz
Agenda Item
RECOMMENDATION
-2- July 15, 1986
By motion, approve the extension of time to August 19, 1986, for the Planning and
Negotiating Agreement between the San Juan Capistrano Community Redevelopment
Agency and Westar Associates for the Western Ortega subarea.
Respectfully submitted,
Thomas Tomlinson, Acting Director
Community Planning and Development
TGM:IcI
0
MEMORANDUM
TO: Stephen B. Julian, City Manager
FROM: Thomas G. Merrell, Director
Community Planning and Development
0
July 10, 1986
SUBJECT: Westar Associates: Exclusive Negotiating Agreement
Negotiations are continuing with Westar Associates and Hal Greene. Additional
information will be available by Tuesday, July 15, 1986, and it is expected that an
�a-dditional extension of the exclusive negotiating agreement will be requested.
Z TGM:NE:lcl
San Juan Capistrano
Community
Redevelopment
Agency
P
C,
July 14, 1987
Mr. Bob Best
Westar Associates
2925 S. Bristol Street
Costa Mesa, CA 92626
Dear Bob:
The Redevelopment Agency is desirous of purchasing certain documents from your
organization regarding the property located near the southeast corner of the
San Diego Freeway and Ortega Highway. Specifically the Agency wishes to
purchase the following from Westar:
Architectural and Engineering Documents $14,987.00
Aerial Photographs 2,611.12
Demographic Studies 185.00
Market Survey Reports 5,250.00
Retail Survey of South Orange County 2,021.99
Retail Marketing Surveys 2,150.00
Tenant Solicitations 1.038.00
TOTAL $28,243.11
It is my understanding- this purchase price is agreeable to you. The
Redevelopment Agency will take action on the matter at its July 21, 1987,
meeting. Prior to that it will be necessary to receive your approval of the
purchase. Therefore, please execute a copy of this letter and forward it back to
me. I will get in touch with you after the meeting to arrange for payment and
pickup of the documents.
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
M N
Mr. Bob Best
July 14, 1987
Page Two
If you have any questions, please call me at 493-1171.
Sincerely,
ckson
*MrE
Development Administrator
NE:PAD:dh
Enc.
Westar Associates hereby agrees to the purchase of the above documents by the
San Juan Capistrano Corgsr(unity Redevelopment Agency for the price cited above.
i 1
Dater
EXTENSION OF WEST ENT FOR EXCLUSIVE RIGHT TO
NEGOTIATE (311.7/406.30)
Written Communications: i..
Report dated June 17, 1986, from the Deputy Director, noting
that on December 17, 1985, the Board of Directors approved a
request from Westar Associates for an exclusive right to
negotiate with adjacent property owners relative to the
development of their properties as a single unified
development, in conjunction with the "Hal Greene" property.
The report advised that Westar was in the process of
obtaining a loan to close escrow on the Hal Greene property;
escrow was scheduled to close July 10, 1986. The report
recommended extension of the agreement with Westar to allow
sufficient time for escrow to close.
The following persons addressed Council:
(1) Bruce Tester, 564 Oak Street, Laguna Beach, Attorney
with the firm of Gibson, Dunn and Crutcher,
representing Ortega Properties, stated that Ortega
Properties was to have been kept informed of progress
and to date had not received any information. On that
basis, they objected to an extension of the agreement.
(2) Bob Best, representing Westar Associates, spoke in
support of the extension, stating he was unaware of
Ortega Properties' expectations and offering to meet
with them.
Chairman Hausdorfer advised that there were no documents or
files of information to distribute. He requested that the
Executive Director meet with Ortega Properties regarding
their concern.
Approval of Extension of Time:
It was moved by Director Friess, seconded by Director
Buchheim and unanimously carried to approve the extension of
time to July 15, 1986, for the "Planning and Negotiating
Agreement" between the San Juan Capistrano Community
Redevelopment Agency and Westar Associates for the western
Ortega sub -area of the Redevelopment Agency.
�o//%f g6
AGENDA ITEM
TO:
FROM:
SUBJECT:
SITUATION
0 0
June 17, 1986
Stephen B. Julian, Executive Director
Community Redevelopment Agency
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
Extension of Westar Agreement for Exclusive Right to Negotiate
At the regular meeting of December 17, 1985, the Board of Directors approved a request
from Westar Associates of Costa Mesa to enter into an agreement with the Community
Redevelopment Agency. This agreement grants Westar an exclusive right to negotiate
with adjacent property owners relative to the development of their properties in
conjunction with the "Hal Greene" property as a single unified development. The
agreement provided Westar a period of six months to explore the types of retail uses that
might be included in a retail shopping center, the feasibility of the project, and the
impact of such a development on the community.
Westar has been diligently working on the project with staff assistance and is in the
process of obtaining a loan to close escrow on Hal Greene's property. Escrow on the
property is scheduled to close July 10, 1986. Additionally, Westar has been analyzing the
feasibility of various types of retail shopping centers for the site, realizing that
community values, particularly those set forth in the San Juan Capistrano General Plan,
are of paramount importance.
It is recommended that the Agency extend the Planning and Negotiating Agreement with
Westar to July 15, 1986, to allow sufficient time for escrow to close on the "Greene"
property. If Westar closes escrow on the property, it is anticipated that a second
extension of time will be brought before the Agency for their consideration, which will
provide additional time for Westar to finalize plans for the retail shopping center and
acquire the additional parcels necessary for the project.
PUBLIC NOTIFICATION
Owners of property covered by the Planning and Negotiating Agreement have been
notified.
COMMISSION/BOARD REVIEW, RECOMMENDATION
Not applicable.
FINANCIAL CONSIDERATIONS
None at this time.
P3
Agenda Item -2- June 17, 1986
ALTERNATE ACTIONS
1. Allow the agreement to terminate on June 17, 1986.
2. Request additional information.
3. Extend the Planning and Negotiating Agreement to July 15, 1986.
RECOMMENDATION
By motion, approve the extension of time to July 15, 1986, for the Planning and
Negotiating Agreement between the San Juan Capistrano Community Redevelopment
Agency and Westar Associates for the Western Ortega subarea of the Redevelopment
Agency.
Respectfully submitted,
f�C/jilu'Q-
Thomas G. Merrell, Deputy Director
Community Redevelopment Agency
TGM:NE:IcI
REGARDING PORTION
_%
Written Communications:
Report dated December 17, 1985, from the City Manager,
forwarding an agreement prepared pursuant to Council
direction on December 3, 1985, granting Westar Associates an
exclusive right to negotiate with adjacent property owners
relative to the development of their properties as a single
unified development. The terms of the agreement require the
developer to place $15,000 on deposit with the Agency to pay
for any necessary appraisal fees, market studies, and other
costs, including staff time, associated with the project.
The agreement does not require a financial commitment by the
Agency. The agreement grants Westar a period of six months
to prepare a master plan of development consisting of an
urban design plan; preliminary site plan; conceptual land
use and circulation plan, including connections to the
downtown, Ortega Highway, etc.; perspective renderings;
elevations; and landscaping for the proposed development.
It also calls for the economic feasibility of any projects
proposed to be substantiated by an independent economic
analysis.
The Executive Director made an oral report. Director Friess
noted the statement contained in the agreement regarding
acknowledgement of the values of the community and suggested
its incorporation into future development agreements.
A ,ras of e
Acrement:
It was move by Director Schwartze, seconded by Director
Friess, and unanimously carried to approve the Planning and
Negotiating Agreement between the San Juan Capistrano
Community Redevelopment Agen_ and Westar Associates for the
Western Ortega Sub -Area of the Redevelopment Project Area
and, to authorize the Chairman and Secretary of the
Redevelopment Agency to sign the agreement on behalf of the
Agency.
1Cln 1g_5
0
AGENDA ITEM
0
December 17, 1985
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, City Manager
SUBJECT: Request for Exclusive Right to Negotiate (Westar
Associates)
SITUATION:
At the regular meeting of December 3, 1985, the Board of
Directors considered a request from Westar Associates of
Costa Mesa to enter into an agreement with the Redevelopment
Agency granting them an exclusive right to negotiate with
adjacent property owners relative to the development of
their properties in conjunction with the "Hal Greene"
property as a single unified development. As noted in the
staff report of December 3, 1985, this is the first request
that the Redevelopment Agency has received to enter into an
exclusive right to negotiate, and it was recommended by Agency
staff that a proposed Exclusive Negotiating Agreement be
prepared for consideration by the Agency Board of Directors
at its meeting of December 17, 1985.
Accordingly, the attached Planning and Negotiating Agreement
between the San Juan Capistrano Community Redevelopment Agency
and Westar Associates grants Westar the period of six months
to prepare a master plan of development consisting of an urban
design plan, preliminary site plan, conceptual land use and
circulation plan including connections to the downtown, Ortega
Highway, etc., perspective renderings, elevations, and land-
scaping for the proposed development. In addition, the agreement
calls for the economic feasibility of any projects proposed
to be substantiated by an independent economic analysis. During
the timeframe set forth by this agreement, the developer is to
use his best efforts to acquire all of the parcels necessary
for the successful completion of the project which may be
approved by the Agency, following submission and approval of
a master plan of development which is acceptable to the City.
The agreement specifically provides an acknowledgement that
the values of this community, particularly those set forth in
the San Juan Capistrano General Plan, are of paramount importance
to the Agency, its Board of Directors, and the citizenry of
San Juan Capistrano. The developer is acutely aware that the
approval of any master plan of development for the site will
entail a full public review process, and that this agreement
does not constitute approval of any particular development plan,
C,"
133
0 0
Agenda Item - Westar -2- December 17, 1985
or of any particular retailers that might be included in a
shopping center development. In fact, this agreement provides
the opportunity to explore in an orderly manner the feasibility
for development and to explore the types of retail uses that
might be included in a retail shopping center and to explore
the impact of such a development on the community, including
its effects on the already existent retail community in the
downtown and elsewhere in the City.
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The terms of this agreement provide that the developer will
place on deposit with the Agency an amount of $15,000 to pay
for any necessary appraisal fees, market studies, and other
costs including staff time associated with the project. The
Agency has no obligation to and will not expend funds for
the purpose of exploring development feasibility beyond the
amount advanced for such purposes by the developer. In short,
this agreement does not require a financial commitment by the
Agency to the detriment of other Agency projects.
ALTERNATE ACTIONS:
1. Approve the Planning and Negotiating Agreement.
2. Direct that no action be taken on the request.
3. Request additional information.
---------------------------------------------------------------
---------------------------------------------------------------
fSi�K�7�u'f�7�
Approve the Planning and Negotiating Agreement Between the San
Juan Capistrano Community Redevelopment Agency and Westar Associates
for the Western Ortega Sub -Area of the Redevelopment Project Area
and authorize the Chairman of the Redevelopment Agency to sign
this agreement.
Respectfully submitted,
Stephen B.ZX1'c:ia
SBJ:cj
Attachments
0
0
TO: Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
DATE: December 13, 1985
SUBJECT: Agreement - Exclusive Right to Negotiate Re
Portion of Ortega Planned Community (Westar)
The agreement between Westar and the Agency is not ready for
inclusion in the packet. A draft agreement will be submitted to
th card at Tuesday's meeting for review and comment.
S of
CRI4
�3
0 0
Written Communications:
Report dated December 3, 1985, from the Executive Director,
advising that Westar Associates of Costa Mesa had executed a
purchase agreement with Hal Greene for approximately 5.6
acres of property in the Ortega Planned Community. Westar
Associates had requested approval of an agreement with the
Agency granting an exclusive right to negotiate with
adjacent property owners regarding development of their
property in conjunction with development of the "Hal Greene"
property.
Preparation OI Exclusive NegotlatiEg Agreement:
The Executive Director made an oral report, and it was moved
by Director Schwartze, seconded by Director Buchheim, and
unanimously carried to direct Agency staff to prepare an
Exclusive Negotiating Agreement with Westar Associates for
consideration by the Board of Directors at the meeting of
December 17, 1985.
AGENDA ITEM
0 0
December 3, 1985
TO: Board of Directors, Community Redevelopment Agency
FROM: Stephen B. Julian, Executive Director
SUBJECT: Request for Exclusive Right to Negotiate (Westar
Associates)
SITUATION:
Westar Associates of Costa Mesa, which specializes in the develop-
ment of shopping centers, has executed a purchase agreement with
Mr. Hal Greene for approximately 5.6 acres of property in the
Ortega PC. Westar Associates is now requesting to enter into an
agreement with the Redevelopment Agency granting an exclusive
right to negotiate with adjacent property owners relative to the
development of their properties in conjunction with the "Hal Greene"
property as a single unified development.
The purpose of an exclusive negotiating agreement is to establish
terms and conditions under which a developer will undertake the
following:
1. Prepare a development feasibility study;
2. Propose a master plan of development that is satisfactory
to the City, the Agency, and the property owners;
3. Seek the approval and participation of land owners and/or
acquire property necessary to the development of a proposed
project;
all with the ultimate goal being for the execution of a development
and disposition agreement that would require the developer to
complete the development of the project and would also spell out
the terms and conditions of the Redevelopment Agency's participation,
financial and otherwise,if at all, to accomplish the project.
Exclusive negotiating agreements generally establish timeframes
under which the developer is required to accomplish certain tasks
leading up to the preparation and execution of a development and
disposition agreement.
This is the first request that the Redevelopment Agency has
received and it is recommended that a proposed exclusive negotiating
agreement be prepared for Agency consideration at its meeting of
December 17, 1985.
c I
83
Agenda Item - Westar Associates
-2- December 3, 1985
COMMISSION/BOARD REVIEW & RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
None at this time.
ALTERNATE ACTIONS:
1. Direct staff to prepare a proposed exclusive negotiating
agreement for presentation to the Board at their meeting
of December 17, 1985.
2. Direct that no action be taken on the request.
3. Request additional information.
RECOMMENDATION:
Direct Agency staff to prepare an exclusive negotiating agreement
with Westar Associates for consideration by the Redevelopment
Agency Board of Directors at their regular meeting of December
17, 1985.
Respectfully submitted,
Stephen B. J ian
SBJ:cj
INFINITE IMAGING SYSTEMS
2V) I I 'ViOultOn Pill kwav, Suite #E-8
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San Juan Capistrano
Community
Redevelopment
Agency
July 17, 1986
Mr. Bob Best
Westar Associates
2925 South Bristol
Costa Mesa, California 92626
Re: Extension of Westar Agreement for Exclusive Right to Negotiate
Dear Mr. Best:
The Board of Directors of the San Juan Capistrano Community Redevelopment Agency at
its regular meeting held July 15, 1986, approved the extension of time to August 19,
1986, for the Planning and Negotiating Agreement between the Agency and Westar
Associates for the Western Ortega subarea of the Redevelopment Area.
If you have any questions, please do not hesitate to call.
Very
truly yours,
MARY AN ANOVER, CMC
Agency Secretary
MAH/mac
cc: Bob Brezius, Westar Associates
Harold F. Greene
Capistrano Valley Water District
Lloyds Bank of California (Brown)
Barclay Corliss Trust
Philip J. Keresey, Union Oil Co.
Paul Y. Goya
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
Richard Gresham
Ortega Properties, Los Angeles
Capistrano Acres Mutual Water Co.
Lloyds Bank of California (Standard
Oil Company)
Ortega Properties, Santa Ana
Francis C. Romer
San Juan Capistrano
Community
Redevelopment
Agency
'•_�—fin
F. q
Et �I
?wVua'.v xTl xn n .�n�
June 20, 1986
Mr. Bob Best
Westar Associates
2925 South Bristol
Costa Mesa, California 92626
Re: Extension of Westar Agreement for Exclusive Right to Negotiate
Dear Mr. Best:
The Board of Directors of the San Juan CapiWano Community Redevelopment Agency at
its regular meeting held June 17, 1986, approved the extension of time to July 15, 1986,
for the Planning and Negotiating Agreement between the Agency and Westar Associates
for the Western Ortega subarea of the Redevelopment Area.
If you have any questions, please do not hesitate to call.
Very truly yours,
MARY ANN HANOVER, CMC
Agency Secretary
MAH/mac
cc: Bob Brezius, Westar Associates Richard Gresham
Harold F. Greene Ortega Properties, Los Angeles
Capistrano Valley Water District Capistrano Acres Mutual Water Co.
Lloyds Bank of California (Brown) Lloyds Bank of California (Standard
Barclay Corliss Trust Oil Company)
Philip J. Keresey, Union Oil Co. Ortega Properties, Santa Ana
Paul Y. Goya Francis C. Romer
82400 Paseo Adelanto
San Juan Capistrano
California 92675
714.498-1171
0
San Juan Capistrano
Community
Redevelopment
.agency
January 13, 1986
Mr. Bob Best
Westar Associates
2925 South Bristol
Costa Mesa, California 92626
0
Dear Mr. Best:
Thank you for returning the executed copies of the Planning and
Negotiating Agreement between the San Juan Capistrano Community
Redevelopment Agency and Westar Associates.
Enclosed is an executed copy of the Agreement for your records.
Thank you for your cooperation.
Very truly yours,
MARY AN HANOVER, CMC
Agency Secretary
MAH/mac
Enclosure
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
0
WESTAR ASSOCIATES
SHOPPING CENTER DEVELOPMENT
Mr. Stephen B. Julian
Executive Director
San Juan Capistrano Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Dear Steve:
0
December 26, 1985
Enclosed please find a fully -executed copy of the negotiated
agreement between the San Juan Capistrano Community Redevelopment
Agency and Westar Associates.
Also enclosed is our check no. 463 the amount of $15,000.
It is my understanding that we have tentatively scheduled our
meeting for Thursday, January 9, 1986, at 8:30 a.m. I will give
you a list of who will be a-ttending from our office.
All of us at Westar are very excited about the project, and
particularly about the quality of people that are associated with
the City of San Juan Capistrano. Your suggestion on the initial
meetings of our staff is indicative of a very progressive
approach in the development of the project.
RTB:lma
Enclosure
Sincerely,
WESTAR ASSOCIATES
Robert T. Best
2925 BRISTOL STREET/COSTA MESA, CA 92626/(714) 241-0400
• -f
San Juan Capistrano
Community
Redevelopment
Agency
December 20, 1985
Mr. Bob Best
Westar Associates
2925 South Bristol
Costa Mesa, California 92626
Dear Bob,
Enclosed are two signed copies of the recently approved
Planning and Negotiating Agreement between the San Juan
Capistrano Community Redevelopment Agency and Westar
Associates. Please execute these copies and return one
to our office with your deposit check in the amount of
$15,000.00.
I anticipate working on lining up an appraiser at the
beginning of next week. In the meantime, we need to
proceed with scheduling the meeting of our mutual staffs.
I look forward to working with you on this very exciting
project. My best wishes for the holiday season.
Yours er truly,
Julian
Director
:cj
Enclosures
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714-493-1171
.San duan (:apisuano
Rcdccclopment
Ag(''nry
MEMORANDUM
TO:
0
Interested Persons
49
FROM: Mary Ann Hanover, Agency Secretary
DATE: December 20, 1985
SUBJECT: Planning and Negotiating Agreement (Westar)
The San Juan Capistrano Community Redevelopment Agency at its
meeting held December 17, 1985, approved a six month Planning and
Negotiation Agreement between Westar Associates and the San Juan
Capistrano Community Redevelopment Agency for the western Ortega
sub -area of the redevelopment project area.
If you have any questions, please do not hesitate to call.
MARY ANN j NOVER, CMC
cc: Executive Director
Philip Keresey, Union Oil
Barclay Corliss
Lloyds Bank of California
Santa Ana
Capistrano Valley water
District
Harold Greene
Francis C. Romer
Richard Gresham
32,100 Paseo Adelaniu
Sag Juan Capistrano
Ca I i fern is 92676
714-993-1171
Bob Brezius, Westar
Associates
Lloyds Bank of California
San Francisco
Capistrano Acres Mutual
Water Company
Ortega Properties
KAL Enterprises
Paul Goya
0
San Juan Capistrano
Community
Redevelopment
Agency
December 5, 1985
Mr. Bob Best
Westar Associates
292S South Bristol
Costa Mesa, California 92626
Re: Request for Exclusive Right to Negotiate (Westar Associates)
Dear Mr. Best:
The San Juan Capistrano Community Redevelopment Agency at its
regular meeting held December 4, 1985, directed Agency staff to
prepare an exclusive negotiating agreement with your firm for
consideration by the Redevelopment Agency Board of Directors at
their regular meeting of December 17, 1985. Copies of the agenda
and staff report will be forwarded to you prior to that meeting.
The purpose of an exclusive negotiating agreement is to establish
terms and conditions under which a developer will undertake the
following:
1. Prepare a development feasibility study;
2. Propose a master plan of development that is
satisfactory to the City, the Agency, and the property
owners;
3. Seek the approval and participation of land owners
and/or acquire property necessary to the development of
a proposed project;
all with the ultimate goal being the execution of a development
and disposition agreement that would require the developer to
complete the development of the project and would also spell out
the terms and conditions of the Redevelopment Agency's
participation.
32400 Paseo Adelanto
San Juan Capistrano
California 92675
714.493.1171
Westar Associates• -2- December 5, 1985
If you have any questions, please do not hesitate to call.
Very truly yours,
MARY ANN
Agency Sec tary
MAH/mac
cc: Executive Director
Philip Reresey, Union Oil
Barclay Corliss
Lloyds Bank of California
Santa Ana
Capistrano Valley Water
District
Harold Greene
Francis C. Romer
Richard Gresham
Bob Brezius, Westar
Associates
Lloyds Bank of California
San Francisco
Capistrano Acres Mutual
Water Company
Ortega Properties
RAL Enterprises
Paul Goya