The URL can be used to link to this page

Home My WebLink About2011 CON CDC Related Companies of CA / Community Housing Works - Amendment #2 Affordable HousingSECOND AMENDMENT to EXCLUSIVE NEGOTIA TIONAGREEMENT by and between COMMUNITY DEVELOPMENT COMMISSION of THE CITY OF NATIONAL CITY, THE RELATED COMPANIES OF CALIFORNIA, AND COMMUNITY HOUSING WORKS This Second Amendment to EXCLUSIVE NEGOTIATION AGREEMENT is made and entered into this 1st day of February, 2011 by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic ("CDC"), and RELATED COMPANIES OF CALIFORNIA and COMMUNITY HOUSING WORKS (collectively referred to as "Developer") WHEREAS, on March 3, 2009, CDC and Developer entered into an EXCLUSIVE NEGOTIATION AGREEMENT ("Agreement") to plan and implement a Transit Oriented Development ("TOD") affordable housing project and service incubator on approximately 12.75 acres identified as the National City Public Works Center and Illes Family Trust site (APNs 560- 396-06, 560-391-05 560-391-08, 560-206-03, 559-124-05, 559-104-10, 559-125-15, 560-391-10, 560-206-05 plus public right of ways) in the City of National City ("the Site"); and WHEREAS, CDC and Developer entered into a FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT on or about March 3, 2010; and WHEREAS, CDC and Developer have been cooperating on the planning and development of the Site; and WHEREAS, substantial progress has been made with the project in the following areas: 1. Preparation of a Conceptual Site Plan; 2. Award of four grants including California Prop IC Infill Infrastructure ($11.2 million), local HOME funds grant ($115,000), California Prop IC Catalyst Projects for California ($500,000) and federal EPA Sustainability Pilot ($130,000 technical assistance); 3. Completion of environmental assessments of soil and groundwater conditions at the site by the CDC; and WHEREAS, CDC and Developer require more time to finalize negotiations for a proposed Disposition and Development Agreement to accomplish the TOD project. NOW THEREFORE, CDC AND DEVELOPER HEREBY AGREE TO THIS FIRST AMENDMENT TO THE AGREEMENT AS FOLLOWS: 1. The Negotiation Period shall be extended to September 30, 2011. 2. This Amendment may be signed in counterparts. 3. With the foregoing exceptions, each and every provision of the Agreement entered into on March 3, 2009, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have entered into this Amendment as of March 1, 2011. Page 1 of 2 4th Amendment to DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman APPROVED AS TO FORM: By: C Counsel is Gacitu a, CDC General DEVELOPER: THE RELATED COMPANIES OF CALIFORNIA, LLC, a California limited liability company By: The Nicholas Compan ' Inc., Its Manager By: A Delaware Corpo at � �Imanager William A Witte, President By: COMMUNITY HOUSING WORKS, a California non-profit public benefit corporation By: Anne B. Wilson, Senior Vice President Page 2 of 2 46 Amendment to DDA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic: By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva, CDC General Counsel DEVELOPER: THE RELATED COMPANIES OF CALIFORNIA, LLC, a California limited liability company By: The Nicholas Company, Inc., Its Manager By: A Delaware Corporation, its manager William A Witte, President By: COMMUNITY HOUSING WORKS, a California non-profit public benefit corporation By: . Wilson, Senior Vice President Page 2 of 2 4th Amendment to DDA RESOLUTION NO. 2011 — 61 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE THE SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN THE CDC AND THE RELATED COMPANIES OF CALIFORNIA AND COMMUNITY HOUSING WORKS TO EXTEND THE TIME FOR NEGOTIATION UNTIL SEPTEMBER 30, 2011, FOR THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT WHEREAS, among its responsibilities the Community Development Commission of the City of National City ("CDC") develops, preserves and maintains affordable housing projects within the National City Redevelopment Project areas; and WHEREAS, as described in the Westside Specific Plan, the CDC is contemplating the potential development of an affordable infill housing project called the Westside Infill Transit Oriented Development ("WI-TOD"); and WHEREAS, a community design process and a competitive recruitment for developers was conducted; and WHEREAS, The Related Companies of California and Community Housing Works were awarded an Exclusive Negotiation Agreement ("ENA") on March 3, 2009, as a result of said process; and WHEREAS, on March 3, 2010, the First Amendment to ENA was executed by the Executive Director as allowed by the ENA, with an expiration date of March 11, 2011; and WHEREAS, CDC and The Related Companies of California and Community Housing Works (collectively, "Developer") have been cooperating on the planning and development of the Site; and WHEREAS, Substantial progress has been made in the following: 1. Preparation of a Conceptual Site Plan; 2. Award of four grants including California Prop IC Infill Infrastructure ($11.2 million), local HOME funds grant ($115,000), California Prop IC Catalyst Projects for California ($500,000) and federal EPA Sustainability Pilot ($130,000 technical assistance); and 3. Completion of environmental assessments of soil and groundwater conditions at the site. WHEREAS, the CDC and Developer desire to extend the expiration of the ENA until September 30, 2011, to provide more time to finalize negotiations for a proposed Disposition and Development Agreement to accomplish the WI-TOD Project; and WHEREAS, with the foregoing exception, each and every provision of the Exclusive Negotiation Agreement entered into on March 3, 2009, shall remain in full force and effect. Resolution No. 2011 — 61 Page Two NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute the Second Amendment to the Exclusive Negotiation Agreement by and between the Community Development Commission of the City of National City and The Related Companies of California and Community Housing Works extending the expiration period to September 30, 2011. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2011. on Morrison, Chairman A'• PROVED AS TO FORM: C'udia G. S CDC General Passed and adopted by the Community Development Commission of the City of National City, California, on March 1, 2011, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, Co r !^'�= t� pment Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-61 of the Community Development Commission of the City of National City, California, passed and adopted on March 1, 2011. Secretary, Community Development Commission By: Deputy ca00a-' CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT •EETING DATE: March 1, 2011 AGENDA ITEM NO. 29 ITEM TITLE: fA resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute the Second Amendment to the Exclusive Negotiation Agreement by and between the CDC and The Related Companies of California and Community Housing Works to extend the time for negotiation until September 30, 2011 for the Westside Infill Transit Oriented Development. PREPARED BY: Patricia Beard 1 DEPARTMENT: Red �J APPROVED BY: PHONE: 4255 EXPLANATION: The CDC approved an Exclusive Negotiation Agreement ("ENA") with The Related Companies of California and Community Housing Works ("Developers") on March 3, 2009 following a community design process for the West Side Infill Transit Oriented Development ("WI-TOD") affordable housing project as anticipated by the Westside Specific Plan and a competitive developer recruitment including Westside stakeholders. Substantial progress has been made on pre -development matters and a proposed Disposition and Development Agreement ("DDA") is in final negotiations and under attorney review. However, the ENA will expire on March 3, 2011 and the Developers have requested an extension of the ENA in order to maintain their exclusivity in project negotiations. Staff concurs with their request. Note: final site design will not commence until following approval of a DDA FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 522-409-500-598-3934 For this affordable housing project, there is no developer deposit. The CDC and Developer are each paying their own expenses. CDC costs, including staff time, are paid from the low -mod housing fund set aside account of property tax increment. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: Proposed Agreement Soc%. Q, No. aO\\-c\ OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax April 11, 2011 Ms. Anne Wilson Community Housing Works 4305 University Avenue, Suite 550 San Diego, CA 92105 Dear Ms. Wilson, On March 1st, 2011, Resolution No. 2011-61 was passed and adopted by the Community Development Commission of the City of National City, authorizing the execution of the Second Amendment to the Exclusive Negotiation Agreement (ENA) with Related Companies of California and Community Housing Works. We are enclosing for your records a certified copy of the above Resolution and a fully executed original ENA. Sincerely, Michael R. DaIla, CMC City Clerk Enclosures cc: Community Development Commission OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. DaDa, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax April 11, 2011 Mr. William Witte Related Companies of California 18201 Von Karman Avenue, Suite 900 Irvine, CA 92612 Dear Mr. Witte, On March 1st, 2011, Resolution No. 2011-61 was passed and adopted by the Community Development Commission of the City of National City, authorizing the execution of the Second Amendment to the Exclusive Negotiation Agreement (ENA) with Related Companies of Califomia and Community Housing Works. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the ENA. Michael R. Dalla, CMC City Clerk Enclosures cc: Community Development Commission