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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 -1- 0 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. -3- 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 -5- 0 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 -7- 0 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 'm 9 Exhibit A Y. .0 441 w *A 0 g. A.P. 0000"S"ll .40S A.P 060-231-M 1.9*1 M I.M Y. Nayal.i.1 Y. -000-031..1 .ASW TMADM Y. �0aFt04b0a Exhibit A 0 0 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 -4- 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. -3- 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 Lalnna Hdk, ('a,'O'Kuta 92653 A 1,:4p 477-1•27'77 `�Gd �oaj 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