HomeMy WebLinkAboutCARIBOU INDUSTRIES (2)-2017MAYOR
Miguel A. Pulido
MAYOR PRO TEM
Michele Martinez
COUNCILMEMBERS
P. David Benavides
Vicente Sarmiento
Jose Solorio
Sal Tinalero
Juan Villegas
Caribou Industries, Inc.
Michael Harrah
President
1103 N. Broadway
Santa Ana, CA 92701
CITY OF SANTA ANA
20 Civic Center Plaza • P.O. Box 1988
Santa Ana, California 92702
714-667-2200
www.santa-ana.org
August 21, 2017
Re: Exclusive Negotiation Agreement No. A-2017-058 Extension
Dear Mr. Harrah:
A-2017-165-01
INTERIM CITY MANAGER
Cynthia J. Kurtz
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Maria D. Holzer
Pursuant to Section 2, Term of Agreement, of Exclusive Negotiation Agreement No. A-2017-058, entered
by and between Caribou Industries, Inc., and the City of Santa Ana, dated April 27, 2017, and as amended
by approval of the Santa Ana City Council on July 5, 2017, the time period of said Agreement is hereby
extended for an additional sixty (60) day period, from August 25, 2017, to October 24, 2017. All other
terms and conditions of said Agreement remain unchanged and in full force and effect.
If you have any questions regarding this matter, please contact Marc Morley in the Community
Development Agency at 714-647-6588.
Sincerely,
CITY OF S ANA
Cynthia J. Kurtz
Interim City Manager
AS TO FORM:
City
cc: Clerk of the Council
Michael Harrah
President
ATTEST:
Maria D. Huizar
Clerk of the Council
SANTA ANA CITY COUNCIL
INC.
Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose Solaro P. David Benavides Juan Villages Sal Tinajero
Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward
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1. Incorporation of Recitals. The Recitals of fact set forth above are true and
correct and axe 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 execrated 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 sixty (60) consecutive calendar days immediately following the Effective
Date ("Negotiation Period").
(b) This Agreement shall automatically expire and be of no further force or
effect at the end of the Negotiation Period, 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 payniont of all
applicable review fees for the Project. on the Property that describes and depicts: (1) the location
and placement of proposed buildings and (2) the architecture and elevations of the proposed
buildings;
(b) Proposed zoning change or changes to the City's General Plan, if any,
necessary to accommodate the Project on the Property;
(c) A written commitment fi-om an agent of a recognized hotel chain which
written commitment must reflect the exact class and quality of the hotel brand; A proposed time
schedule and cost estimates for the development of the Project on tho Property;
(d) A proposed financing plan identifying financing sources for all :private and
public improvements proposed for the Project; and,
(e) 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.
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