HomeMy WebLinkAboutTHRIVEINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCI
DIT';, MAY
ID
EXCLUSIVE NEGOTIATION AGREEMENT
A-2018-117
This Exclusive Negotiation Agreement ("Agreement") is dated May 1, 2018, for reference
purposes only, and is entered into by and between the CITY OF SANTA ANA, a California charter
city in the County of Orange of the State of California ("City"), and THRIVE Santa Ana, Inc., a
501(c)(3) tax exempt California public benefit corporation ("Developer"), to provide a specified
period of time to attempt to negotiate a disposition and development agreement ("DDA") between
the City and Developer. City and Developer are sometimes referred to in this Agreement
individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by
the Parties with reference to the following recited facts (each, a `Recital"):
RECITALS
WHEREAS, the Parties entering into this Agreement intend to establish a specific, limited
period of time to negotiate regarding a future agreement among them governing the potential use
and development of certain real property, subject to mutually agreeable terms, conditions,
covenants, restrictions and agreements to be negotiated and documented in a future DDA; and
WHEREAS, the property contemplated is located at 1901 West Walnut Street, Santa Ana,
CA (APN 007- 332-08) ("Property"); and
WHEREAS, City owns the Property; and
WHEREAS, the Property is more particularly described in the legal description attached
to this Agreement as Exhibit "A" and incorporated into this Agreement by this reference; and
WHEREAS, Developer proposes to develop either: 1) a community micro -farm; or 2) a
mereadito, on the Property. The term "mereadito°" refers to a small marketplace for incubating
local small or micro -businesses. Mereaditos also host performances and cultural events. The
term "micro -farm" refers to a small space primarily used to cultivate crops in an urban or
suburban setting. Additionally, micro -farms are used to teach gardening and farming skills to
community members. Developer will use a comprehensive assessment of community needs to
determine the specific use of the Property, as particularly described in Exhibit "B" attached to
this Agreement ("Project"); and
WHEREAS, the Parties propose to conduct negotiations in order to produce a DDA in
accordance with the timeline and milestones attached to this Agreement as Exhibit "C; and
WHEREAS, the Parties now agree to enter into this Agreement for the purpose of further
planning and evaluating the feasibility of the proposed Project; and
WHEREAS, the Developer has represented its willingness and ability to undertake certain
studies, plans and other activities necessary to define the scope of development and determine the
feasibility of the Project on the 'Property" and that such plans and other information to be prepared
during the course of this Agreement shall serve as the basis for entering into a DDA between City
and Developer; and
WHEREAS, City is willing to enter into a period of exclusive negotiations with Developer
concerning Developer's potential development of the Project, subject to the ternis and conditions
of this Agreement.
NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE
PARTIES RELATING TO THE PROJECT AND THE COVENANTS AND PROMISES OF
THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND
THE DEVELOPER AGREE AS FOLLOWS:
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct
and are incorporated into this Agreement, in their entirety, by this reference.
2. Term of Agreement.
(a) The rights and duties of the City and the Developer established by this
Agreement shall commence on the first date on which all of the following have occurred
("Effective Date"): (1) execution of this Agreement by the authorized representative(s) of the
Developer and delivery of such executed Agreement to the City, and (2) approval of this
Agreement by the City's execution of this Agreement by their respective authorized
representatives and delivery of such executed Agreement to the Developer. The City shall each
deliver a fully executed counterpart original of this Agreement to the Developer, within ten (10)
calendar days after the governing bodies of the City have approved this Agreement, and their
authorized representatives have executed this Agreement. This Agreement shall continue in effect
for the period of one hundred and eighty (180) consecutive calendar days immediately following
the Effective Date ("Negotiation Period"), subject to the limitations of Sections 2(b).
(b) The Negotiation Period may be extended upon the mutual written
agreement of the City Manager and the Developer for no more than one hundred and eighty (180)
additional consecutive calendar days. Notwithstanding the immediately preceding sentence or any
other part of this Agreement, in no event shall the Negotiation Period exceed three hundred and
sixty (360) consecutive calendar days from the Effective Date.
(c) This Agreement shall automatically expire and be of no further force or
effect at the end of the Negotiation Period (as may be extended pursuant to the terms of this
Agreement), unless prior to that time, the City and the Developer approve and execute a separate
DDA acceptable to the two Parties, in their respective sole and absolute discretion, in which case
this Agreement will terminate on the effective date of such DDA.
3. Obligations of Developer. During the Negotiation Period, the Developer shall
proceed diligently and in good faith to develop and present to City staff for review, all of the
following:
(a) A complete development application, together with the payment of all
applicable review fees for the Project on the Property, that describes and depicts: (1) the location
and placement of proposed property modifications and, if applicable, (2) the architecture and
elevations of any proposed buildings;
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(b) Proposed zoning change or changes to the City's General Plan, if any,
necessary to accommodate the Project on the Property;
(c) A proposed financing plan identifying financing sources for all private and
public improvements proposed for the Project; and
(d) A preliminary financial analysis demonstrating the costs and benefits to the
City regarding all construction, maintenance and operations of all proposed public improvements,
the costs of additional or increased levels of public services and any new public revenues
anticipated to be generated by the Project. Said information shall be provided in an Economic
Development Subsidy Report and/or Community Benefit Report, as determined and requested by
the City.
4. Negotiation of DDA, During the Negotiation Period, the Parties shall negotiate
diligently and in good faith to negotiate a DDA among them. The Parties shall generally cooperate
with each other and supply such documents and information as may be reasonably requested by
the other to facilitate the conduct of the negotiations. The Parties shall exercise reasonable efforts
to complete discussions relating to the terms and conditions of a DDA and such other matters, as
may be mutually acceptable to the Parties, in their respective sole discretion. The exact terms and
conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing
in this Agreement shall be interpreted or construed to be a representation or agreement by either
the City or the Developer that a mutually acceptable DDA will be produced from negotiations
under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to
agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or
construed to be a guaranty, warranty or representation that any proposed DDA that may be
negotiated by City staff and the Developer will be approved by the governing bodies of the City.
The Developer acknowledges and agrees that the City's considerations of any DDA is subject to
the sole and absolute discretion of their City Council and all legally required public hearings,
public meetings, notices, factual'findings and other determinations required by law.
5. Restrictions Against Change in Ownership, Management and Control of
Developer and Assignment of Agreement.
(a) The qualifications and identity of the Developer and its principals are of
particular concern to the City. It is because of these qualifications and identity that the City has
entered into this Agreement with the Developer. During the Negotiation Period, no voluntary or
involuntary successor -in -interest of the Developer shall acquire any rights or powers under this
Agreement, except as provided in Section 5(c).
(b) The Developer shall promptly notify the City in writing of any and all
changes whatsoever in the identity of the business entities or individuals either comprising or in
Control (as defined in Section 5(d)) of the Developer, as well as any and all changes in the interest
or the degree of Control of the Developer by any such person, of which information the Developer
or any of its shareholders, partners, members, directors, managers or officers are notified or may
otherwise have Imowledge or Information. Upon the occurrence of any significant or material
change, whether voluntary or involuntary, in ownership, management or Control of the Developer
(other than such changes occasioned by the death or incapacity of any individual) that has not been
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approved by the City, prior to the time of such change, the City may terminate this Agreement,
without liability to the Developer or any other person, by sending written notice of termination to
the other Parties, referencing this Section 5(b).
(c) Notwithstanding anything in this Agreement to the contrary, Developer may
assign its rights under this Agreement to an Affiliate (as defined in Section 5(d)), on the condition
that such Affiliate expressly assumes all of the obligations of the Developer under this Agreement
in a writing reasonably satisfactory to the City and further provided that Developer shall, at all
times, control any such Affiliate.
(d) For the purposes of this Agreement, the term "Affiliate" means any person,
directly or indirectly, controlling or controlled by or under common control with the Developer,
whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the
purposes of this agreement, "Control" means possession, directly or indirectly, of the power to
direct or cause the direction of the management and policies of an entity, whether by ownership of
equity interests, by contract, or otherwise.
6. Developer Obligations to Review Draft Agreements and Attend Meetings.
(a) During the Negotiation Period, the Parties shall diligently review and
comment on drafts of a DDA prepared by the City Attorney, and if the terms and conditions of
such a DDA are agreed upon among the City staff and the Developer, Developer shall submit the
DDA fully executed by the authorized representative(s) of the Developer to the City Manager for
submission to City Council for review and approval or disapproval. Any future DDA shall consist
of terms and conditions acceptable to the Developer and the City Council of the City, in their
respective sole and absolute discretion.
(b) During the Negotiation Period, the Developer shall also keep City staff
advised on the progress of the Developer in performing its obligations under this Agreement, on a
regular basis or as requested by City Staff including, without limitation, having one or more of the
Developer's employees or consultants who are knowledgeable regarding this Agreement, the
design and planning of the Project and the progress of negotiation of a DDA, such that such
person(s) can meaningfully respond to inquiries from City and regarding the progress of the design
and planning of the Project or the negotiation of a DDA, attend meetings of the City's, when
reasonably requested to do so by their respective staff.
7. Developer to Pay All Costs and Expenses. All fees or expenses of engineers,
architects, financial consultants, legal, planning or other consultants or contractors, retained by the
Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review,
planning and/or design activities, drawings, specifications or other activity or matter relating to the
Property or the Project or negotiation of a DDA that may be undertaken by the Developer during
the Negotiation Period, pursuant to or in reliance upon this Agreement or in the Developer's
discretion, regarding any matter relating to a DDA, the Property or the Project, shall be the sole
responsibility of and undertaken at the sole cost and expense of the Developer and no such activity
or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon
the City. The Developer shall also pay all fees, charges and costs, make all deposits and provide
all bonds or other security associated with the submission to and processing by the City and all
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applications and other documents and information to be submitted to the City and by the Developer
pursuant to this Agreement or otherwise associated with the Project. The City shall not be
obligated to pay or reimburse any expenses, fees, charges or costs incurred by the Developer in
pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review,
planning and/or design activities, drawings, specifications or other activity or matter relating to the
Property or the Project or negotiation of a DDA that may be undertaken by the Developer during
the Negotiation. Period, whether or not this Agreement is, eventually, terminated or extended or a
DDA is entered into among the Parties, in the future.
City Not To Negotiate With Others.
(a) During the Negotiation Period, the City, and their respective staff shall not
negotiate with any other person regarding the sale or development of the Property, except owners
of or business tenants occupying property within the Project. The term "negotiate," as used in
this Agreement, means and refers to engaging in any discussions with a person other than the
Developer, regardless of how initiated, with respect to that person's development of the Property
to the total or partial exclusion of the Developer from redeveloping the Property, without the
Developer's written consent, subject to the provisions of Section 8(b) and further provided that
they may receive and retain unsolicited offers regarding development of the Property, but shall
not negotiate with the proponent of any such offer during the Negotiation Period.
(b) Nothing in this Agreement shall limit, prevent, restrict or inhibit the City
from providing any information in its possession or control that would customarily be furnished
to persons requesting information from the City concerning their respective goals, matters of a
similar nature relating to development plans or as required by law to be disclosed, upon request or
otherwise.
9. Acknowledgments and Reservations.
(a) The Parties agree that, if this Agreement expires or is terminated for any
reason, or a future DDA is not approved and executed by the Parties, for any reason, none of the
Parties shall be under any obligation, nor have any liability to each other or any other person
regarding the sale or other disposition of the Property or the development of the Project or the
Property.
(b) The Developer acknowledges and agrees that no provision of this
Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer
or proposal from the Developer for the City to convey any estate or interest in the Property to the
Developer or for the City to provide any financial or other assistance to the Developer for
development of the Property or execution of the Project.
(c) The Developer acknowledges and agrees that the Developer has not
acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest
in real or personal property from the City.
(d) Certain development standards and design controls for the Project may be
established among the Parties, but it is understood and agreed among the Parties that the Project
and the development of the Property must conform to all City, and other applicable governmental
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development, land use and architectural regulations and standards. Drawings, plans and
specifications for the Project shall be subject to the approval of the City through the standard
development application process for acquiring the real estate and entitlements within the Project.
Nothing in this Agreement shall be considered approval of any plans or specifications for the
Project or of the Project itself by the City.
(e) The City reserves the right to reasonably obtain further information, data
and commitments to ascertain the ability and capacity of the Developer to purchase, develop and
operate the Property and/or the Project. The Developer acknowledges that it may be requested to
make certain financial disclosures to the City, their staff, legal counsel or other consultants, as part
of the financial due diligence investigations of the City and relating to the potential sale of the
Properties and development of the Project on the Property by the Developer and that any such
disclosures may become public records. The City shall maintain the confidentiality of financial
information of the Developer to the extent allowed by law, as determined by the City Attorney.
Notwithstanding the foregoing, if the City receives a request for documents related to this
Agreement or the Project pursuant to the California Public Records Act (Govt. Code Section 6254
et. seq) or similar statute, and the City determines that the City has responsive documents, the City
shall provide Developer notice not less than three (3) days prior to releasing the responsive
documents to the requesting party. During this three (3) day period Developer may seek a court
order prohibiting the release of the documents. Any litigation or costs associated with protecting
documents from disclosure shall be borne solely by Developer.
(f) The City shall be deemed to be a Party to any agreement for the acquisition
of, lease of or disposition of real or personal property, the provision of financial assistance to the
Developer or development of the Project on the Property or elsewhere, until the terms and
conditions of a complete future DDA are considered and approved by the City Council, in their
respective sole and absolute discretion, following the conclusion of one or more duly noticed
public hearings, as required by law. The Developer expressly acknowledges and agrees that the
City will not be bound by any statement, promise or representation made by their respective staff
or representatives during the course of negotiations of a future DDA and that the City shall only
be legally bound upon the approval of a complete DDA by the City Council, in their respective
sole and absolute discretion, following one or more duly noticed public bearings, as required by
law.
10. Nondiscrimination. The Developer shall not discriminate against nor segregate
any person, or group of persons on account of race, color, creed, religion, sex, marital status,
handicap, national origin or ancestry in undertaking its obligations under this Agreement.
11. Default.
(a) Failure or delay by any Party to perform any material term or provision of
this Agreement shall constitute a default under this Agreement. If the Party who is claimed to be
in default by another Party cures, corrects or remedies the alleged default within fifteen (15)
calendar days after receipt of written notice specifying such default, such Party shall not be in
default under this Agreement. The notice and cure period provided in the immediately preceding
sentence shall not, under any circumstances, extend the Negotiation Period. If there are less than
fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this
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Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation
Period. Nothing in this subparagraph (a) shall prohibit Developer from extending the Negotiation
Period pursuant to Section 2.
(b) The Party claiming that a default has occurred shall give written notice of
default to the Party claimed to be in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default. However,
the injured Party shall have no right to exercise any remedy for a default under this Agreement
without first delivering written notice of the default.
(c) Any failure or delay by a Party in asserting any of its rights or remedies as
to any default shall not operate as a waiver of any default or of any rights or remedies associated
with a default.
(d) If a default of any Party remains uncured for more than fifteen (15) calendar
days following receipt of written notice of such default, a "breach" of this Agreement by the
defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the
sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement
by serving written notice of termination on the Party in breach.
12. Compliance with Law. The Developer acknowledges that any future DDA, if
approved by the City Council, will require the Developer to, among other things, carry out the
development of the Project in conformity with all applicable laws, including all applicable
building, planning and zoning laws, environmental laws, safety laws and federal and state labor
and wage laws.
13. Press Releases. The Developer agrees to obtain the approval of the City Manager
in function of any press releases Developer may propose relating to the lease or development of
the Property or negotiation of a DDA with the City prior to publication.
14. Notice. All notices required under this Agreement shall be presented (A) in person,
(B) by a reputable same-day or overnight delivery service, or (C) facsimile and confirmed by first
class certified or registered United States Mail, with return receipt requested, to the address and/or
fax number for the Party set forth in this Section. Notice shall be deemed confirmed by United
States Mail effective the third (3rd) business day after deposit with the United States Postal
Service. Notice by personal service or reputable same-day or overnight delivery service shall be
effective upon delivery. Either Party may change its address for receipt of notices by notifying
the other Parties in writing. Delivery of notices to courtesy copy recipients shall not be required
for valid notice to a Party.
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TO DEVELOPER: THRIVE Santa Ana, Inc.
Cesar Covarrubias, Treasurer
THRIVE Santa Ana, Inc.
P.O. Box 1935
Santa Ana, CA 92702
(T) 949-250-0909
(F) 949-263-0647
Email: cesarc@kennedycommission.org
COPY TO: THRIVE Santa Ana, Inc.
c/o Carrie Hempel
401 East Peltason Drive
Law 3500-F
Irvine, CA 92697
(T) 949-824-3575
Email: chempel@law.uci.edu
TO CITY: The City of Santa Ana
Executive Director
Community Development Agency
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
COPY TO: City Attorney
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6515
15. Warranty Against Payment of Consideration for Agreement. The Developer
warrants that it has not paid or given, and will not pay or give, any third party any money or other
consideration for obtaining this Agreement. Third parties, for the purposes of this Section, shall
not include persons to whom fees are paid for professional services, if rendered by attorneys,
financial consultants, accountants, engineers, architects and other consultants, when such fees are
considered necessary by the Developer.
16. Acceptance of Agreement by Developer. The Developer shall acIcnowledge its
acceptance of this Agreement by delivering to the City three (3) original counterpart executed
copies of this Agreement each signed by the authorized representative(s) of the Developer.
17. Counterpart Originals. This Agreement may be executed by the Parties in
multiple counterpart originals, all of which together shall constitute a single agreement.
18. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit
any person or entity other than the Parties.
19. Governing Law. The Parties acknowledge and agree that this Agreement was
negotiated, entered into and is to be fully performed in the City of Santa Ana, California. The
Parties agree that this Agreement shall be governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California, without application of such laws'
conflicts of laws principles.
20. Waivers. No waiver of any breach of any tern or condition contained in this
Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or
condition, or of any other tern or condition contained in this Agreement. No extension of the time
for performance of any obligation or act, no waiver of any term or condition of this Agreement,
nor any modification of this Agreement shall be enforceable against a Party, unless made in writing
and executed by the Parties.
21. Construction. Headings at the beginning of each section and sub -section of this
Agreement are solely for the convenience of reference of the Parties and are not a part of this
Agreement. Whenever required by the context of this Agreement, the singular shall include the
plural and the masculine shall include the feminine and vice versa. This Agreement shall not be
construed as if it had been prepared by one Party, but rather as if the Parties cooperated equally in
preparing this Agreement. Unless otherwise indicated, all references to sections are to this
Agreement. All exhibits referred to in this Agreement are attached to this Agreement and
incorporated into this Agreement by this reference. If the date on which a Party is required to take
any action pursuant to the terms of this Agreement is not a business day of the City, the action
shall be taken on the next succeeding business day of the City.
22. Attorneys' Fees. If a Party hereto files any action or brings any action or
proceeding against another Party arising out of this Agreement, then the prevailing Party shall be
entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys'
fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought
to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees"
mean and include, for both the Developer and the City, salaries (or fees) and expenses of the
lawyers employed (allocated on an hourly basis) who may provide legal services in connection
with the representation in any such matter.
23. Enforced Delay. No party shall be deemed in default of its obligations under this
Agreement where a delay or default is due to an act of God, natural disaster, accident, breakage or
failure of equipment, enactment of conflicting federal or state laws or regulations, third -party
litigation, administrative action, including strikes, lockouts or other labor disturbances or disputes
of any character, interruption of services by suppliers thereof, unavailability of materials or labor,
unforeseeable and severe economic conditions, rationing or restrictions on the use of utilities or
public transportation whether due to energy shortages or other causes, war, civil disobedience, riot,
or by any other severe and unforeseeable occurrence that is beyond the control of that party
(collectively, "Enforced Delay"). Performance by a party of its obligations shall be excused
during, and extended for a period of time equal to, the period (on a day -for -day basis) for which
the cause of such Enforced Delay is in effect.
[Signatures on following page]
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IN WITNESS WHEREOF, the Parties have executed this Exclusive Negotiation
Agreement on the dates indicated next to each of the signatures of their authorized representatives,
as appear below.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
1 • • '"I VA
M.
City
RECOMMENDED FOR APPROVAL:
STEVEN A. MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
10-
RAUL GODINdZ4I ✓^�
City Manager
DEVELOPER
✓ 7
By:
CESAR COVARRUBIAS
Treasurer, THRIVE Santa Ana, Inc.
Dated: 5A18
By.
SANDRA 6RTEG
Secretary, THRIVE Santa Ana, Inc.
Dated: he
EXHIBIT "A"
TO
NEGOTIATION AGREEMENT
Property Legal Description
1901 West Walnut Street ("Property") is situated in the State of California, County of Orange,
and the City of Santa Ana. The Property has a lot size of 16,558 square feet (.38 acre) as shown
on a Map recorded as parcel 8 in Book 7 on page 332 of Assessor Parcel Maps of Orange County,
California. The Property is bounded on its easterly edge by South Daisy Avenue and its southern
edge by West Walnut Street. The following is the Property Legal Description:
P BK 54 PG 50 PAR 3
EXHIBIT "A"
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EXHIBIT `B"
TO
NEGOTIATION AGREEMENT
Project Description
[To Be Attached Behind This Cover Page]
[Project Description will be provided by the Developer within 30 days of the effective date of
this Agreement pursuant to the terms of Exhibit C]
EXHIBIT "B"
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EXHIBIT "C"
TO
NEGOTIATION AGREEMENT
Exclusive Negotiating Agreement Timeline and Milestones
Milestone
Description
Within 30 Days of Effective Date (May 31, 2018) of ENA
Select Use
Developer will provide the City written notice of a finalized
Property use between either: 1) a community micro -farm; or 2) a
mercadito, pursuant to the terms of this Agreement.
Within 60 Days of Effective Date June 30, 2018 of ENA
Initial Pro Forma
Developer will submit initial pro forma for the proposed
development.
Project Development
Developer will submit projected construction schedule for the
Schedule
proposed development.
Due Diligence
Developer will provide written determination of property's physical
suitability for development, taking into account relevant regulatory
and environmental conditions.
Full Project Submittal
Developer will submit site plans and all relevant applications and
fees
Within 105 Days of Effective Date (August 14, 2018) of ENA
Plan Review
Staff will review plans for compliance with applicable codes and
regulations. 'Project Manager will submit a letter summarizing staff
comments to the Developer.
Economic Subsidy
Submit a preliminary market assessment containing a forecast of
Report and/or
regional and local real estate market conditions and anticipated
Community Benefit
performance of project.
Report
Within 130 Das of Effective Date (September 8, 2018) of ENA
Revised Site Plans
Developer will submit revised site plans to City staff.
Funding Partners and
Developer will submit letter identifying lenders, investment partners,
Structure
and proof of ability to obtain financing.
EXHIBIT "C"
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Within 1.45 Das of Effective Date (September 23, 2018 of ENA
2nd Plan Review
Staff will review plans for compliance with applicable codes and
regulations. Project Manager will submit a letter summarizing staff
comments to Developer.
Within 155 Days of Effective Date (October 3, 2018) of ENA
Draft DDA
Parties will complete negotiations and draft Disposition and
Development Agreement.
Final Revisions
Parties will finalize revisions to development proposal and all
relevant materials.
Within 170 Days of Effective Date October 18, 2018 of ENA
City and Hearings
Developer and Staff will present development proposal and DDA to
City for final review and approvals by governing bodies.
EXHIBIT "C
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