HomeMy WebLinkAboutGuardian Savings and Loan Association (GSL Real Estate) - 1990-02-20/,
loj,"Je CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 22, 1990
Guardian Savings & Loan Association
17011 Beach Blvd , Suite 1500
Huntington Beach, CA 92647
Attn Russell M Jedinak
The City Council of the City of Huntington Beach at the regular
meeting held Monday, August 20, 1990, approved Supplemental Agreement
No l to Negotiating Agreement between Guardian Savings and Loan and
the Redevelopment Agency of the City of Huntington Beach to extend
the negotiating period for an additional 120 days
Enclosed is an executed copy of the agreement for your records
Connie Brockway
City Clerk
CB bt
Enc
(Telephone 714 536-5227)
1-AK-6UA417 - 600.31:>
REQUEST FOR REDEVELOPMENT AGENCY ACTION
ED 90-24
Date August 20, 1990
Honorable Chairman and Redevelopment Agency Members
Submitted to:
Michael T. Uberuaga, Chief Executive Office
Submitted by:
Barbara A. Kaiser, Deputy City Administrator/Economic D yeloDMgnt Director,
Prepared by: APPROVED BY CI -COUNCIL
EXTENSION OF NEGOTIATION AGREEMENT WITH
Subject: GUARDIAN SAVINGS AND LOAN ASSOCIATION •- OAKVI
REDEVELOPMENT PROJECT
Consistent with Council Policy? bQ Yes [ ] New Policy or Exception 1+�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
On February 20, 1990 a Negotiation Agreement was executed between the
Redevelopment Agency and Guardian Savings for the development of an additional
multi -story office building and parking structure. This agreement is set to expire on
August 20, 1990 and an extension is needed to provide time for a draft Disposition and
Development Agreement (DDA) to be formulated and presented for consideration.
RECOMMENDED ACTION:
Approve and authorize The Agency Chairman to execute the attached supplemental
agreement to the Negotiating Agreement between Guardian Savings and Loan
Association and the Huntington Beach Redevelopment Agency to extend the negotiating
period for an additional 120 days.
ANALISZ5:
Before terms of a Disposition and Development Agreement can be finalized in a written
document additional work is needed to define in more detail the proposed project. To
date, progress has been made toward finalizing terms of a Disposition and Development
Agreement via agreement on the general development concept. In addition, the
developer's engineer and architect have made progress toward finalizing plans and filing
for entitlement.
The goal during this extension period is to have the developer file for entitlement and to
finalize the Disposition and Development Agreement. In order to complete the
additional work needed, an extension of 120 days is needed.
Expenses involved with negotiations qualify as a Redevelopment Agency expense.
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Prongs
RAA ED 90-24
August 20, 1990
Page two
ALTERNATIVE ACTION;
Do not approve the attached supplemental agreement.
ATTACHMENTS:
1. Supplemental Agreement No. I to NA with Guardian Savings and Loan Association
2. Letter from Guardian Savings dated 7/26/90
3. Original NA with Guardian Savings and Loan Association
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SUPPLEMENTAL AGREEMENT NO. 1 TO NEGOTIATING
AGREEMENT BETWEEN GUARDIAN SAVINGS AND LOAN
AND THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH TO EXTEND THE
NEGOTIATING PERIOD
This Supplemental Agreement No. 1 is made and entered
into thisgO fh day of h11611sr 1990, by and between
the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a
public body ("AGENCY"), and GUARDIAN SAVINGS AND LOAN
ASSOCIATION, a California corporation ("GUARDIAN")
WHEREAS, AGENCY and GUARDIAN have heretofore entered
into that certain agreement entitled, "Negotiation Agreement
between Guardian Savings and Loan and the Redevelopment
Agency of the City of Huntington Beach for Development
Within the Oakview Redevelopment Project Area", dated
February 20, 1990, herein referred to as "Agreement;" and
AGENCY and GUARDIAN wish to amend the Agreement to
extend the negotiating period established therein;
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. EXTENS'QNQF NEGOTIATING EER_IOD
The parties agree that the Negotiating Period, as
referred to in Section 1 of the Agreement, is hereby
extended one -hundred twenty (120) calendar days beyond the
end of the negotiating period.
2. REAFFIRMATION
Except as specifically provided herein, all other
terms and conditions of the Agreement shall remain in full
force and effect.
- 1 -
r
The parties hereto have executed this agreement on the
date and year first above written.
GUARDIAN SAVINGS AND LOAN
ASSOCIATION
a Californjal corporation
10-e f -'---- l.Y
By: Russell M. dinak
Its: Prr�ggsiden nd
ZChalrman of the Boa
By:' Rebecca Jedinak
Its.l. Secretsiy
ATTEST:
•%ltG�/
Agency Clerk
INITIATED AND APPROVED:
L/L
Director of Housing and
Redevelopment
REDEVELOPMENT AGENCY
OF THE CITY OF
HUNTINGTON BEACH
a public body
yy �.
Chairman
APPROVED AS TO FORM:
AWen Counsel
F117
a
APPROVED:
Z�
Executive Director
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SAVINGS
MIUARDIAN
A\ P LOAN ASSOCIATION
July 26, 1990
Redevelopment Agency
of the City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Agency Members:
in February, the City's Redevelopment Agency and Guardian
Savings and Loan Association entered into a Negotiation Agreement
for purpose of negotiating a Disposition and Development Agreement
(DDA) to encompass the proposed continuation of redevelopment in
the Guardian Center area. Such negotiation is basically completed
and in fact was greatly negotiated in conjunction with the DDA with
the City Agency on the adjacent property. Our project and parcels,
however, have more planning and technical considerations that the
agency has asked that we address now. This has consumed a great
part of the 180 day negotiating period which expires in August.
Therefore it is requested that the Negotiation Agreement be
extended for a period of 120 days to incorporate all of these
considerations into the DDA for your review and consideration.
Pursuant to work underway, the base engineering work has been
completed, by Emerald Engineering Company, who also performed the
engineering for the City Agency parcels and for the adjacent DDA
property. This insures consistency and correctness.
Our architect, Nuttall Uchizono & Associates, and Guardian's
staff have had numerous contacts with the City in resolving and
addressing the many considerations. Within the next week or so our
application should be on file for the tentative parcel map, lot
line adjustment and rezoning required.
Your approval of this extension with the approval of your
staff is respectfully requested.
.JJSJngjs.394
714-%4 AXX I. 11 FFACII K4 1tV-X1;1I SUH : ISM IIUNTIN(MIN REACII. (-A 11!647
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
March 13, 1990
Guardian Savings & Loan Association
17011 Beach Blvd., #15
Huntington Beach, CA 92647
Attn: Russell M. Jedinak
CALIFORNIA 92648
Enclosed is an executed copy of the Negotiation Agreement between
Guardian Savings and the Redevelopment Agency of the City of
Huntington Beach for development within the Oakview Redevelopment
Project Area.
Connie Brockway
City Clerk
CB:bt
Enc.
(Ttl• phone. 714.536-5227)
'.� REQUEST FOR REDEVELOPMENT AGENCY ACTION
Date
Fri 90-15
Febniary 20, 1990
APPROVED BY CITY COUNCIL
Submitted to: Honorable Chairman and Redevelopment Agency >4
Submitted by: Paul E. Cook, Eactttive Dire Jt_Q�
Prepared by: 6Rarles P. Spencer, Director of Housing & crnCLJ3Z><✓
Subject: EXC[MM VEDM =CN ACREEMEW EHIWEEN THE AGENCY AND
CLAN SAVING (GSL ML I )
Consistent with Council Policy? [ ) Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 0
gmlT OF
On January 8, 1990, the Redevelogaant Agency authorized staff to formalize an
Exclusive Negotiation Agremennt between the Redevelopment Agency and Guardian
Savings for a period of time not to exceed one hurrh-ed and eic#� (180) days,
Approve the Negotiation Agreement between the Redevelopment Agency and
Guardian savings for the one hundred and eig!'- (180) day period, and
authorize the Agency's aril Clerk to execute.
(if�+lir�nrc+✓
The Redevelop -tent Agency's parcel, which is the subject of this proposed
Agreement, is adjacent to the Quarc3ian Mrrter complex located within the
Oakview Redevelopment Prcjeat Area is entering into a final phase of
improvements to the Center. Tentatively, these improvements consist of an
additional riulti-story offioe building and parking structure.
As discussed at the Agency's public hearing on November 20, 1989, when a
Disposition and Development Agreement was approved with adjacent property
owner (No. 4) Phil zisakis, Guardian Savings, proposed expansion includes a
parking structure to be constructed on panel Nos. 1 and 3 (owned by Guardian)
and the Agency's parcel No. 2 of apprc imately .27 acres.
During the bested negotiating period, staff and (Mardian Savings will be
analyzing the economic and business points to be used in designing a D]A for
Agency consideration.
P1011185
FUNDING _SOURCE:
Previously budgeted contractual services account.
ATTEFMTWE A,c CNS:
Do not enter into an Exclusive Negotiation Agreament with adjacent property
owner, and direct staff to solicit individual bids for parcel No. 2.
1) Exclusive Negotiation Agreement.
2) Agency authorization and site map of January 8, 1990.
PEC/CPS : 1p
0145h
NEGOTIATION AGREEMENT BETWEEN GUARDIAN SAVINGS
AND THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH FOR DEVELOPMENT WITHIN THE
OAKVIEW REDEVELOPMENT PROJECT AREA
This Negotiation Agreement ("Agreement") is made and entered
into this aofk day of e1 1990, by and between
and LOAN ASSOCIATION
GUARDIAN SAVINGS, a California corporation ("Guardian"), and the
REDEVELOPMENT AGENCY of the CITY OF HUNTINGTON BEACH, a public
body ("Agency").
WHEREAS, in furtherance of the objectives of the Community
Redevelopment Law of the State of California (Ifealth and Safety
Code Section 33000, gt Zea.), the Agency desires to redevelop an
Agency owned parcel located within the Oakview Redevelopment
Project Area ("Project Area"), as shown on the map attached
hereto as Exhibit "A" and incorporated herein by this reference,
said parcel referred to herein as the "Proposed Development
Site;" and
The parties desire to negotiate a Disposition and Development
Agreement ("DDA") for the purpose of redeveloping the Proposed
Development Site; and
The parties recognize and acknowledge that the purpose of
this Agreement is to seek to negotiate the terms of a DDA which
will include without limitation, the economics of the
development, and the other terms of a DDA toward the disposition
and redevelopment of the Proposed Development Site.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. The parties shall negotiate diligently and in good faith
for a 180 day period from the date this Agreement is executed by
the Agency ("Negotiating Period"), to establish and agree upon
-1-
mutually acceptable development plans, concepts, or alternatives,
determine the economic feasibility of the development, and
establish a value of the Proposed Development Site. Except as
this Agreement may be extended, if on the 180th day from the date
of this Agreement (the end of the Negotiating Period), Guardian
has not signed and submitted a DDA to the Agency, then this
Agreement shall automatically terminate, and the parties
knowingly agree that none of the parties shall have any further
rights or obligations to the other under this Agreement. If a
DDA is so signed and submitted within the Negotiating Period,
then this Agreement may be extended in writing for a period not
to exceed sixty (60) days from the date of such submittal to
enable the Agency to: (i) determine whether it desires to enter
into such DDA, (ii) take the actions necessary to bring such DDA
before the Agency for consideration, action, and authorization to
sign, and (iii) sign the DDA, if such is approved.
2. The design and development objectives for the project
shall be specified in the DDA and the actual development shall be
in conformity therewith. Guardian shall cooperate fully with the
Agency's professional consultants and associates in providing
them with any information and assistance reasonably within the
Capacity of Guardian to provide in connection with the
preparation and execution of the drawings, plans, and
specifications or other documents or information required to be
submitted by the Agency to the City of Huntington Beach ("City")
pursuant to this Agreement or as required by state or local laws
and regulations. All design, architectural, and building plans
for development shall be subject to the review and approval of
-2-
4J
the Agency and the City.
3. In the event that either party fails to fulfill the
obligations described in this Agreement within the times
specified, the non -performing party shall have fifteen (15) days
following written notice from the other party to cure, or
commence to cure, such failure to perform as may be identified
in the written notice. If the non -performing party has failed
to cure, or failed to commence to cure, within such fifteen (15)
day period, the other party may terminate this Agreement and,
thereafter, none of the parties shall have any further rights or
obligations to the others under this Agreement except as
hereafter provided. Guardian, by execution hereof, knowingly
agrees, notwithstanding anything herein to the contrary, that it
shall have no right by virtue of this Agreement to specific
performance of this Agreement, nor to specific performance for
conveyance of, nor to claim any right of title or interest in,
the Proposed Development Site, or any part thereof.
4. The parties hereto shall not discriminate against nor
segregate, any person, or group of persons on account of sex,
race, color, age, marital status, religion, handicap, creed,
national origin or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure or enjoyment of the Proposed
Development Site, nor shall the parties establish or permit any
such practice or practices of discrimination or segregation in
the selection, location, number, use, or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the land.
-3 -
5. The Agency shall not be liable for any real estate
commission or brokerage fees whichmay arise herefrom. Each
party represents that it has engaged no broker, agent or finder
in connection with this transaction, and each party agrees to
hold the other parties harmless from any claim by any broker,
agent or finder claiming through any such party.
6. The parties hereto understand and agree that the
Proposed Development Site contemplated herein is vacant.
However, the parties hereto acknowledge and agree that under the
DDA, should it be adopted, they shall be required to comply with
all applicable federal, state and local laws and regulations
concerning the displacement and relocation, if such occurs, of
persons and/or businesses on and from the Proposed Development
Site, including without limitation, compliance with the
Relocation Assistance Law, Coyernment Code Section 7260, et seq.
7. All notices required or permitted hereinunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
Rest of page not used
_q_
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8. This Agreement, and the Exhibit "A" attached hereto,
represents the entire agreement between the parties.
The parties hereto have executed this agreement on the date
and year first above written.
GUARDIAN SAVINGS & LOAN ASSOCIATION
a CaliforniA--c�orporation
By
Its President and Chairman
` f the Board
By ' -/,4' ee' 4'
Re ecca 3edinak / Its_.. _
Secretary //
ATTEST:
a — r
Z.
A;ency-Clerk
REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH,
a Ca ornia public body
Chairman
APPROVED A5 TO FORM:
A:k:r/lry-- Agency A�--vorney
a -q-9
Agency Special Counsel
INITIATED, REVIEWED AND
APP VED
. U
Executive Director
-5-
SITE MAP
-------------------
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�" �;:•�`;: �! Oar �� ' •
�PA CEO
I
600.30
REQUEST FOR REDEVELOPMENT AGENCY ACTION
+ PH 89-07
January 8, 1990
Date
APPROVED By CITY COL'ti'CIL
Submitted to: honorable Chairman and Redevelopment Agency'k�l 01
Submitted by: Paul E. Cook, Executive Director 19-
Prepared by: Charles .P. Spencer, Director of Housing & Redevel CITY CL K
Subject: F'XCIL4M T=CN ACOMMEW BEDEM TM r=PM= AC324C'Y AND
ammim svmm (cm mL 15'I m)
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: ,
S'TA'I'flifNT OF ISSUE:
Staff is seeking Agency authorization to eater into an E =lusive Negotiation
with Guardian Savings (GSL Real Estate) for the development of a parcel owned
by the Agency located within the Oakview Redeveloprrant Project Area.
Direct staff to draft an Exclusive Negotiation Agreement for a period of one
hundred and eighty (180) days, between the Redevelopment Agency and Cuardian
Savings (GSL Real Estate).
ATIATYSTS;
Guardian Center cmplex located within the Oakview Redevelogmrit Project Area
is entering into a final phase of improvewzrts to the center. Tentatively,
these irprovements Consist of an additional rulti-story office building and
parking structure.
As discussed at the Agency's public hearing on November 20, 1989, when a
Disposition and Development Agreement was approved with adjacent property
owner (11o. 4) Phil Zisakis, Guardian Savings' proposed expansion includes a
parking stricture to be constructed on parcel Nos. 1 and 3 (owned by Guardian)
and the Agency's parcel No. 2 of apprcxim. tely .27 acres.
During the requested negotiating period, staff and Guardian Savings will be
analyzing the econcadc and business points to be used in designing a DDA for
Agency eonsideratien.
P10/1/85
i
SOURCE:
Previously budgeted axtxactual services acmunt.
ACTraaS:
Do not enter into an Em=Zusive Negotiation Agreement with adjacent property
owner, and direct staff to solicit individual bids for parcel No. 2.
—:
Site Map.
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SITE MAP __
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