HomeMy WebLinkAboutCC RESO 11,214RESOLUTION NO. 11,214
RESOLUTION AUTHORIZING AND RATIFYING THE EXECUTION
OF CONTRACTS RELATING TO THE BONITA PLAZA
WHEREAS, the May Stores Shopping Centers, Inc.,
Barclay Hollander Curci, Inc., the City of National City
and the Redevelopment Agency of National City (both public
agencies acting through their staff), have entered into
that certain agreement entitled "Memorandum of Understanding
between the Redevelopment Agency of the City of National
City, the May Stores Shopping Centers, Inc. and Barclay
Hollander Curci, Inc. Regarding the Payment of a Grant in
Aid", and
WHEREAS, the aforementioned parties have here-
tofore executed an addendum to said contract, and
WHEREAS, the May Stores Shopping Centers, Inc.
and Barclay Hollander Curci, Inc. have transmitted the sum
of $35,000 cash Grant in Aid as called for by said agreements,
and
WHEREAS, the City Council of the City of National
City desires to authorize and ratify the execution of the
aforementioned agreements and direct the staff of the City
to proceed in pursuit of the goals of said agreements;
NOW, THEREFORE, BE IT RESOLVED:
Section 1. That the execution of those certain
agreements entitled: "Memorandum of Understanding between
the Redevelopment Agency of the City of National City, the
May Stores Shopping Centers, Inc. and Barclay Hollander
Curci, Inc. Regarding the Payment of a Grant in Aid" and
"Addendum to Memorandum of Understanding between the Re-
development Agency of the City of National City, the May
Stores Shopping Centers, Inc. and Barclay Hollander Curci,
Inc. Regarding the Payment of a Grant in Aid" are hereby
ratified, approved and authorized.
Section 2.. The City Manager is authorized and
directed to transmit funds received from the May Stores Shop-
ping Centers, Inc. and Barclay Hollander Curci, Inc. pursuant
to said agreements to the Redevelopment Agency of the City
of National City for use in accomplishing the purposes of
said agreements.
PASSED AND ADOPTED this 14th day of November,
1973.
ATTEST:
MEMORANDUM OF UNDERSTANDING BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF NATIONAL CITY, THE MAY STORES
SHOPPING CENTERS, INC. AND BARCLAY, HOLLANDER & CURCI,
INC. Er= RTI:NG THE PAYMENT OF A GRANT IN AID
Prepared by: DONALD F. McLEAN, JR.
Date: October 6, 1973
TABLE OF CONTENTS
SECTION 1 - PURPOSE OF AGREEMENT
SECTION 2 - GRANT IN AID 3
Page
2
SECTION 3 - USE OF GRANT
SECTION 4 - SELECTION OF CONSULTANTS
SECTION 5 - INITIATION OF REDEVELOPMENT
ACTIVITIES
SECTION 6 - RESTRICTION ON USE OF GRANT
SECTION 7 - RIGHT TO TERMINATE
SECTION 8 - MODIFICATION OF AGREEMENT
SECTION 9 - LIMITED AUTHORITY OF AGENCY/CITY
OFFICERS
SECTION 10.- SUCCESSORS AND ASSIGNS
SECTION 11 - LAW.OF CONTRACT
3
4
4
5
5
6
6
7
7
SECTION 12 - OWNERSHIP OF WORK PROJECT 7
MEMORANDUM OF UNDERSTANDING BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF NATIONAL CITY, THE MAY STORES
SHOPPING CENTERS, INC. AND BARCLAY, HOLLANDER
& CURCI, INC. REGARDING THE PAYMENT OF A GRANT IN AID
WHEREAS, the May Stores Shopping Centers, Inc. (May Co.)
and Barclay, Hollander & Curci, Inc. (BHC) own a present or
expectant interest in certain real property situated in the City
of National City now known as the Bonita Golf Course, located
generally in the southeast quadrant of Interstate 805 and Sweet-
water Road, said property now owned by the Koenig Corporation,
and
WHEREAS, the Koenig Corporation has communicated to the
City Council of the City of National City (City) its desire that
said real property be designated a "survey area" by City and
Agency, to evaluate measures necessary to ameliorate existing
blighting conditions and to develop said property to its highest
and best use, and
WHEREAS, May Co. and BHC, as future owners and developers
of said real property desire to develop on said property a
regional shopping center presently known as the "Bonita Plaza"
(the Project), and
WHEREAS, May Co. and BHC have determined that the success-
ful conclusion of the Project is not possible without public
assistance, and
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WHEREAS, Agency, City, May Co. and BHC believe that
the most effective public assistance can be rendered through
Agency, and
WHEREAS, the parties hereto have determined that certain
preliminary expenditures must be met by City and Agency to
evaulate the feasibility of the Project, and
WHEREAS. neither City nor Agency has funds available
for such preliminary work, and
WHEREAS, May Co. and BHC desire to donate funds to
Agency in the nature of a grant in aid pursuant to Section 33,600
of the California Health and Safety Code on condition that said
grant in aid is spent for work in pursuit of the Project, and
WHEREAS, City and Agency are willing to accept such
a donation for such restricted purposes,
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained and for other good and sufficient
consideration, the parties hereto do agree as follows:
SECTION 1 - PURPOSE OF AGREEMENT:
The purpose of this agreement is to memorialize the
terms and ccnditions under which May Co. and BHC will donate,
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and City and Agency will accept, a THIRTY-FIVE THOUSAND DOLLARS
($35,000.00) cash grant in aid, for the purposes, and on the
terms and conditions,hereinafter set forth.
SECTION 2 - GRANT IN AID:
Upon execution hereof, May Co. and BHC will pay to
Agency and City the sum of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00)
(Grant) .
SECTION 3 - USE OF GRANT:
City and Agency receive the Grant for the purpose
of employing consulting contractors to render services to Agency
for the advancement of the Project, including, but not limited to:
(a) Prepa:'ation of an environmental impact
report, at the estimated expense of $17,500.00;
(b) Preparation of an aerial topographical
survey of the Project at an approximate cost of
$9,000.00;
(c) Preparation of a perimeter boundary survey
of the Project at an estimated cost of $6,000.00;
(d) Preparation of necessarily related plats
and legal descriptions of the Project at an estimated
expense of $2,500.00.
(End of Section 3)
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SECTION 4 - SELECTION OF CONSULTANTS:
Agency, in its sole judgment and discretion, will
select and employ the consulting contractors necessary to carry
out the work described in Section 3 hereof. All such work done
will be for the account of City and Agency, and under the
exclusive control and direction of City and Agency. All work
product developed by said consulting contractors shall be the
exclusive property of City and Agency, except. as hereinafter
limited. Likewise, the time for performing work hereunder
shall be at the sole discretion and control of. Agency and City.
SECTION 5 - INITIATION OF REDEVELOPMENT ACTIVITIES:
As soon as practicable hereafter, Agency and City,
in consultation with May Co. and BHC, will initiate the Project
as a Redevelopment Agency activity, and call upon City to de-
signate the Project as a "survey area" pursuant to the terms of
the California. Community Redevelopment Law (Health and Safety
Code, Sec. 33,000 et. seq.). Agency and City have heretofore
.transmitted to May Co. and BHC a "Outline of Majory Activities
Bonita Plaza Redevelopment Project". To the extent legally and
financially possible City and Agency will pursue the activities
therein' described as expeditiously as possible. The parties
hereto declare that the Grant is made in consideration of City's
and Agency's commitment so to act.
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SECTION 6 - RESTRICTION ON USE OF GRANT:
The Grant is restricted to the use by Agency for
the work described in Section 3 hereof, and those activities
necessarily and incidentally related thereto. In the event
that work hereunder terminates or is abandoned, for any reason,
Agency will refund to May Co. and BHC, in equal shares, any
unexpended balance of said Grant remaining in Agency's and/or
City's hands.
SECTION 7 - RIGHT TO TERMINATE:
Any of the parties hereto may communicate to the
others its desire to terminate the relationship hereunder memo-
ralized. Upon receipt by City and Agency of such a Notice to
Terminate, City and Agency shall forthwith instruct the con-
sulting contractors to stop work hereunder. As soon as practic-
able thereafter, City and Agency will obtain from each contractor
a closing statement, pay the same if it be due, render an ac-
counting to the parties of the use of the funds herein described,
and distribute any balance pursuant to Section 6 hereof. If
Agency or City is the terminating party, the same closing pro-
cedure will be followed.
Any Notice to Terminate shall be delivered to the
parties as hereinafter set forth:
May Co.: The May Stores Shopping Centers, Inc.
10738 West Pico Boulevard, Suite 1
Los Angeles, California 90064
Attention: Jayme C. Bliley, Jr.
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BHC: Barclay, Hollander & Curci, Inc.
6151 Fairmount Extension
Suite 209
San Diego, California 92120
Attention: Mr. Robert Barclay
City: City of National City
1243 National Avenue
National City, California
Attention: City Manager
Agency: Redevelopment Agency of the City
of National City
1243 National Avenue
National City, California
Attention: Executive Director
SECTION 8 - MODIFICATION OF AGREEMENT:
The parties hereto may modify this agreement from
time to time, but only by written addendum executed by all the
parties.
SECTION 9 - LIMITED AUTHORITY OF AGENCY/CITY OFFICERS:
The parties acknowledge their understanding that the
legal powers and duties of Agency are vested in its Board of
Directors and of City in its City Council. As of the execution of
this agreement,:.neither Agency's directors nor City's Council have
authorized or ratified this agreement. May Co. and BHC acknowledge
the limited authority of the signatories to this agreement on
behalf of Agency and City, and waive any objection thereto. As
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soon as practicable Agency's and City's officers who are
signatory hereto will present this agreement to the governing
bodies of Agency and City for ratification and approval. In
the event said governing bodies refuse to ratify and approve
this agreement the same shall terminate. In such event none
of Agency and City officers and employees incur any personal
liability for the refund of money advanced through the Grant,
or of any claim of injury or damage sust.z:_ned by May Co. or
BHC pursuant to making the Grant or doing other act or thing
in pursuit of the Project.
SECTION 10 - SUCCESSORS AND ASSIGNS:
This contract, the rights and the duties
there-
under, and the benefits therefrom succeed to the assigns, heirs,
devisees, or successors in interest of the parties hereto.
.SECTION 11 - LAW OF CONTRACT:
This contract shall be interpreted pursuant to the
laws of the State of California.
SECTION 12 - OWNERSHIP OF WORK PROJECT:
If work on the Project is terminated or abandoned,
any work product procured through expenditure of all, or any part,
of the Grant, will be owned jointly by Agency/City and May Co. and
BHC, each of whom shall be equally entitled to possession and
use thereof.
IN WITNESS WHEREOF, the parties hereto have set their
hands this day of , 1973, at San Diego,
California.
City of National City
Redevelopment Agency of National
City
May C
Barclay, Hollander & Curci, Inc.
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•
Schedule
November 1973
December 1973
December 1973
December 1973
December' 1973
pecembex 1971
pecambar 1973
>±XIiII3IT A T0-P7°P-NDUM !9 1,14 oRANpt7M F pNPEASTANDING
OUTLINE OF MAJOR ACTIVITIES TO BE
ACCOMPLISHED IN CONNECTION WITH THE
BONITA CENTER REDEVELOPMENT PROJECT '
Redeveloper; . D<'rner Participants deposit good faith (seed) money and
develop memorandum(s) of understanding
p 'gnation of survey area by City Council per Health and Safety Code (33310-33312)
t►,._ authorize execution of memorandum(s) of understanding
Resolution, to contain (1) finding that the area requires.study, and
(2) description of project area
Agency adopt procedures for envlronmpntal jmpaCt review
City transfer funds to Agency for interim operation
Select Environmental Impact Report Consultant
Prepare and execute contract
Select Consulting Engineering, Planning, Architectural Consultant
Prepare and execute contract
Obtain boundary survey, legal description of project, topographical ► •
map within 30 days
0 •
Select Financial Consultant (Tax Allocation Bonds)
Prepare and execute contract
•
OUTLINE OF ACTIVITIES - BONITA CENTER
Acquisition Appraiser selected
Prepare and execute contract
Select bond counsel
Prepare And execute contract
,.,rsve annexation/de-annexation 4s appropriate. and if necessary
Golf course closes
Ordinance 1169 Council to decide course of action
Decision concerning purchase and/or inclusion of 9 acres surplus
highway property
peyelopment of Preliminary Plan per Health and Safety Code (33323 and 33324)
(1) Describe boundary
(2) Describe land uses, street pattern, population density, building
intensity and standards
(3) Describe how redevelopment would attain goals
(4) Demonstrate conformance with general plan
(5) Describe impact of plan upon residents and surrounding neighborhood. •
(The eventual requirement that the Redevelopment Plan be in conformance
with the Community General Plan should be considered at this time.) ,
EXHIBXT A
ti
PAGE TWO
Schedule
December 1973
December 1973
December 1973. - Feb.• • 1974
OUTLINE OF ACTIVITIES - BONITA CENTER PAGE THREE,
Approval of Environmental Impact Report by Agency subsequent to public hearing.
$tatute of limitations is 180 days.
Planning Commission selects Project Area and considers Preliminary Plan per
•Health and Safety Code. (33322 and 33325) Environmental Impact Report attached.•
velopment of Eligibility Report per Health and Safety Code 33352
Appraisal Report received
Preliminary Engineering and design of public improvements together with cost
estimates prepared.
Financial feasibility and Tax Allocation Bond feasibility report prepared
Development of Financing Plan and cash flow chart
Development of Redevelopment Plan and submit to Planning Commission per Health
and Safety Code (33330, 33346 and 33347)
Development of.project budg4t
Public presentations of project
•
•
Development of Owner Participation, Rules and Requirements per Health and Safety
Code (33345) "within'a reasonable time before approval Of plan"
Schedule
. idarcn 1974
April 1974
November 1973 - " March 1974
:March 1974
.March' 1974
i.May. 1974
;May 1974
Jane• 1974
June• 1974
Julyf1974
July 1974
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OUTLINE OF ACTIVITIES - SONITA CENTER
Preparation of Owner Participation Agreements with Barclay, Hollander and Curci
and May Company
peyelopment of Ordinance adopting. Plan per Health and Safety. Code 33366
' hint Pubic Hearing before City Council and Agency. Adopt Redevelopment Plan.
. xt4tute of limitations is 60 days.
Eligibility Report (33352)
Adopt Redevelopment Plan by Ordinance per Section 33355.
Statement that relocation plan is not applicable. •
Hear report on financial feasibility by consultant
Hear planning and engineering proposals from consultant (perhaps include
Architectural controls)
Authorize Agency to enter into Agreements with owner participants.,
Bond Counsel report on Adoption of Plan
Agency authorizes Tax Allocation Bond issue. • (No sooner than 60 days after effective
date of ordinance adopting plan)
•
Contract for final engineering and design of improvements
Utility relocation and installation contracts
Prepare and execute
EXHIBIT A
PAGE FCCR
Schedule
"March 1974 -July 1974
July 1974
August' 1974
September 1974
October 1974
October 1974
October 1974
OUTLINE OF ACTIVITIES - BONITA CENTER
Tax Allocation Bond issued
Acquisition of Flow -way, Rights-of-wa , Fire Station Site and 9 acres
surplus highway property (if included
•
CONSTRACTYON SCHE'DUL.E
AGcNCV
' (work to t:e initiated , Feti ' 1975).
Utility relocation anq installation
Flow -way construction
Remaining public improvements
PAGE FIVE
Schedule
December 1974
January• 1975
OWNER PARTICIPA'JTIS1
'.� (work to ba initiated October 29741
Fill, grade and surcharge (as necessary)
Git;/ Change fihcd plain zoning after site filled.
Remove surcharge (if any)
Initiate construction of Shopping Center
1 .—
Projeot Completion; Nov, 1976
EXHIBIT A
ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL
CITY, THE MAY STORES SHOPPING CENTERS, INC. AND
BARCLAY, HOLLANDER & CURCI, INC. REGARDING THE
PAYMENT OF A GRANT IN AID
Prepared by: Donald F. McLean, Jr.
Dated: October 26, 1973
ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF NATIONAL
CITY, THE MAY STORES SHOPPING CENTERS, INC. AND
BARCLAY, HOLLANDER & CURCI, INC. REGARDING THE
PAYMENT OF A GRANT IN AID
WHEREAS, contemporaneously herewith May Stores Shopping
Centers, Inc. !M_I), Barclay, Hollander & Curci, Inc. (BHC),
the City of National City (City), and the Redevelopment Agency
of the City of National City (Agency) have executed that certain
agreement entitled:
"MEMORANDUM OF. UNDERSTANDING BETWEEN THE REDEVELOP-
MENT AGENCY OF THE CITY OF NATIONAL CITY, THE MAY
STORES SHOPPING CENTERS, INC. AND ARCLn:, HOLLANDER
& CURCI, INC. REGARDING THE PAYMENT OF A GRANT IN AID";
and
WHEREAS, in Section 5 thereof City and Agency agree to
pursue certain redevelopment activities "as expeditiously as
possible"; and
WHEREAS, the parties hereto desire to set forth a schedule
for the accomplishment of the major activities to be accomplished
in pursuit of the Project to memorialize the parties' commitment
to pursue said activities within a relatively certain time frame;
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained and for other good and sufficient
consideration, -.the parties hereto do agree as follows:
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SECTION 1 AMENDMENT TO MEMORANDUM OF UNDERSTANDING:
The parties hereby amend that certain agreement
entitled:
"MEMORANDUM OF UNDERSTANDING BETWEEN THE REDEVELOP-
MENT AGENCY OF THE CITY OF NATIONAL CITY, THE MAY
STORES SHOPPING CENTERS, INC- AND BARCLAY, HOLLANDER
& CURCI, INC. REGARDING THE PAYMENT OF A GRANT IN AID
by adding to
forth:.
said agreement a Ee ti.on 13 as hereinafter set
"SECTION 13 - SCHEDULE FOR Tiit ACCOMPLISHMENT OF MAJOR
REDEVELOPMENT ACTIVITIES:
In elaboration of the commitment of City and Agency to
pursue redevelopment activities necessary for the accomplish-
ment of the Project "as expeditiously as possible" City and
Agency agree, to the extent legally and practicably possible,
to accomplish said activities according to the schedule of
activities attached hereto as Exhibit A, entitled 'Outline
of Major Activities to be Accomplished in Connection with the
Bonita Center Redevelopment Project', said exhibit being in-
corporated herein as if fully set forth hereinafter."
'IN WITNESS WHEREOF, the parties hereto have set their
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hands this • day of , 1973, at
Los..Angeles and San Diego, California, respectively.
•
City of National City
Redevelopment Agency of National City
May Stores Shopping Centers, Inc.
Barclay, Hollander & Curci, Inc.
By Robert Barclay
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