For City Council Meeting [February 12, 2019]
TO: Honorable Mayor and City Council
APPROVAL: Sean Grayson, Interim City Administrator
FROM: Robb R. Steel, Assist. City Administrator/Development Services Director
Title
Request City Council to Approve Amendment #3 to Exclusive Right to Negotiate Agreement with NewMark Merrill for the Development of Approximately 15.5 Acres of Property located west of Riverside Avenue and north of Valley Boulevard.
Body
BACKGROUND:
On June 27, 2017, the City Council approved an Exclusive Right to Negotiate Agreement (ERN) with NewMark Merrill ("Developer") for the development of approximately 15.5 Acres ("Site") of property located west of Riverside Avenue and north of Valley Boulevard. The City selected the Developer through a "Request for Proposals/Qualifications" process.
On January 9, 2018, the City Council approved ERN Amendment #1 extending the termination date to July 31, 2018 and on July 10, 2018 approved ERN Amendment #2 extending the termination date to January 31, 2019. See Exhibit A for ERN.
The Successor Agency owns seven (7) parcels totaling 15.5 acres ("SA Parcel") between the former Wal-Mart property and the new Wal-Mart Supercenter and Rialto Marketplace, which the City proposes to develop a retail center. See Exhibit B for a site map.
The ERN allows the Developer to prepare proposals, conduct feasibility assessments, and market the Site to potential users. The ERN confers no development rights, but is simply a good faith statement of the party's intention to negotiate a disposition, development agreement (DDA) on terms acceptable to both parties.
On January 30, 2019, the Economic Development Committee received a presentation from the Developer on current leasing activity and preliminary site plans.
ANALYSIS/DISCUSSION:
The ERN expired on January 31, 2019, since the parties did not complete a DDA for consideration by the City Council. If warranted, the City Council can extend the ERN period.
Sinc...
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