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Home My WebLink About03 - AGMT - DSC and Grant of Easement to CALTRANSREQUEST FOR AGENCY ACTION AGENCY BOARD MEETING DATE: AGENCY SECRETARY USE ONLY: APRIL 6, 2009 TITLE: SECOND IMPLEMENTATION AGREEMENT WITH DISCOVERY SCIENCE CENTER OF ORANGE COUNTY & GRANT OF EASEMENT TO CALTRANS FOR BROADWAY BRIDGE OVERCROSSING APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO P EXE IVE DIRECTOR RECOMMENDED ACTION FILE NUMBER 1. Adopt a resolution approving the Second Implementation Agreement between the Community Redevelopment Agency and Discovery Science Center of Orange County. 2. Authorize the Agency Executive Director to execute an agreement with the State of California Department of Transportation to grant a highway easement for the Broadway Bridge Overcrossing. COMMUNITY REDEVELOPMENT & HOUSING COMMISSION ACTION At its Regular Meeting of March 17, 2009, by a vote of 5:0, the Community Redevelopment and Housing Commission recommended that the Community Redevelopment Agency (1) adopt a resolution approving the Second Implementation Agreement between the Community Redevelopment Agency and Discovery Science Center of Orange County and (2) authorize the Agency Executive Director to execute an agreement with the State of California Department of Transportation to grant a highway easement for the Broadway Bridge Overcrossing. DISCUSSION Discovery Science Center (DSC), located at 2500 North Main Street (Exhibit 1), is requesting a Second Implementation Agreement to the Disposition and Development Agreement (DDA) to allow for immediate conveyance of Parcel 5 to broaden its financing options for the parking structure to be built on the subject parcel, which is currently developed 3-1 Second Implementation Agreement with DSC & Grant of CalTrans Easement April 6, 2009 Page 2 as a surface parking lot. The original agreement called for DSC to have financing and a building permit in place for the structure prior to conveyance; however, it has become apparent that DSC would be in a stronger position to secure financing and/or grants if they own the property. The first phase of the DSC included the remodeling and expansion of the former Barker Brothers furniture building to a total of 59,205 square feet. This facility was developed on the southerly portion of the site. In the southern most triangular tip of the site, a large open cube was built 117 feet tall, which has now been covered with a skin. In 2002, the First Implementation Agreement to the DDA and amendments to the City Development Agreement and associated planning documents were approved to provide for an increase in the ultimate build-out of the site and accommodate a bike path (under construction)to connect the existing bike path along Santiago Creek to an under-crossing of the I-5 Freeway. Pursuant to the approved zoning, the site can be developed with up to 125,725 square feet of exhibit and public space, a 275 seat theater (18,000 square feet), and a separate office and storage building attached to the 257 space parking structure. In regard to the proposed highway easement, in the mid 1980s, the State of California Department of Transportation (CalTrans) built the Broadway Overcrossing over Route 5 and the Santiago Creek Channel. During the design phase of the project, CalTrans identified the need for a highway easement parcel over the City' s/Agency' s real property at the north end of the bridge. CalTrans recently determined they had not acquired it as intended. In 2006, the City granted its portion of the easement to CalTrans and now stands ready to accept the Agency's portion (see Exhibit 2). CalTrans has been maintaining the bridge since its construction and has indicated it plans to continue maintaining the bridge. Staff has been working with CalTrans and supports the donation of the highway easement. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. General Rule Exemption Environmental Review No. 2009-27 will be filed for this project. 3-2 Second Implementation Agreement with DSC & Grant of CalTrans Easement April 6, 2009 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. r~~`~ Sandi Gottlieb Project Manager Community Development Agency CJN/SG/mlr 3-3 EXHIBIT 1 MAINPLACE DRIVE r a 3 0 a 0 m ~-- w w ~- z a z EDGEWOOD ROAD n 3-4 ~~ SANTIAGO PARK EXHIBIT 2 MAINPLACE DRIVE CREEK Q 0 a 0 m ~~5 RESOLUTION NO. 2009- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN IMPLEMENTATION AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND DISCOVERY SCIENCE CENTER OF ORANGE COUNTY BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Community Redevelopment Agency of the City of Santa Ana hereby finds, declares and determines as follows: A. The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Redevelopment Project Area, which includes the sub-area formerly known as the Central City Redevelopment Project Area (the Redevelopment Plan"). B. On or about April 21, 1997, in furtherance of the Redevelopment Plan, the Agency entered that certain "Disposition and Development Agreement" (the "DDA") between the Agency and the entity currently known as Discovery Science Center of Orange County (the "Developer"). On or about May 6, 2002, in furtherance of the Redevelopment Plan, the Agency and the Developer entered into a First Implementation Agreement, in order to implement the DDA. C. The Agency and the Developer seek to further implement the DDA through the provisions of that certain Second Implementation Agreement which is on file with the Executive Director of the Agency. D. City of Santa Ana Resolution No. 97-019, adopted on April 21, 1997, approved, inter alia, the sale of that certain real property owned by the Agency to Developer for the same sales price and terms, other than timing of the sale, as is further set forth in the Second Implementation Agreement. E. The DDA, Implementation Agreement and this Second Implementation Agreement contain all of the provisions, terms, conditions and obligations required by state and local law. 1 3-6 F. The Developer represents that it possesses the qualifications and financial resources necessary to acquire and insure development of the Site, in accordance with the purposes and objectives of the Redevelopment Plan. Section 2. The Second Implementation Agreement is hereby approved, and the Chair of the Agency is hereby authorized to execute the Agreement, with such non- substantive changes as may be approved by Executive Director of the Agency, and as to form by the Agency General Counsel. Section 3. The Executive Director of the Agency is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Second Implementation Agreement on behalf of the Agency. ADOPTED this day of , 2009. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher Agency General Counsel By: Benjamin Kaufman Assistant General Counsel AYES: NOES: ABSTAIN: Boardmembers: Boardmembers: Boardmembers: NOT PRESENT: Boardmembers: 2 3-7 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Community Redevelopment Agency of the City of Santa Ana, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the Community Redevelopment Agency Of The City Council of the City of Santa Ana on Date: Secretary Community Redevelopment Agency 3-8