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HomeMy WebLinkAbout380 RDA_CCv0001.pdf RESOLUTION NO. 380 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY FOR THE CITY OF REDLANDS ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCES FOR OWNERS,OPERATORS OF BUSINESSES AND TENANTS WITHIN THE AGENCY'S REDEVELOPMENT PROJECT AREA BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY FOR THE CITY OF REDLANDS AS FOLLOWS: Section 1. The "Rules Governing Participation and Preferences for Owners, Operators of Businesses"dated September 7,2004 are hereby adopted in the fon-n attached hereto as"Exhibit"A." ADOPTED, SIGNED AND APPROVED this 7th day of September 2004. hai 7 r erson for the Agency ATTEST: Sec tart'to tfi�A e cy 1,Lorne Po,,,,Zer,Secretary ofthe Redevelopment Agency for the City of Redlands hereby certify that the foregoing resolution was adopted by the Redevelopment Agency at a regular meeting thereof, held on the 7th day of September 2004 by the followim-, vote: AYES: Members Gil, Gilbreath, George, Harrison; Chairman Peppler NOES: None ABSENT: None ABSTAIN: None Secret, dim redandc; THE REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS Rules Governing Participation and Preferences for Owners, Operators of 13tisinesses and Tenants Adopted September 7, 2004 PURPOSE AND INTENT In accordance with Health and Safety Code sections 33339, 33339.5, 33340 and 333145 of the California Community Redevelopment Law (the "CRL"), the Redevelopment Agency of the City of Redlands (the "Agency") desires to establish rules for owner participation which shall be applicable within the Agency's Project Area No. 1. These "Rules Governing Participation and Preferences for Owners, Operators of Businesses and Tenants" (the "Owner Participation Rules") are promulgated to implement the provisions of the CRI, and the Redevelopment Plan for the Agency's Project Area No. 1. It is the intention of the Agency to encourage and permit participation in redevelopment of the Project Area by owners, businesses and tenants residing within the boundaries of the Project Area, to the extent feasible and consistent with the Redevelopment Plan. Participation by individual persons and firms is permitted; and, in addition, to the extent feasible, two or more persons, firms or institutions are urged to participate byjoining, together in partnerships, corporations or other joint entities. DEFINITIONS Agency -the Redevelopment Agency of the City of Redlands. Business - any person, persons, for-profit or not-for-profit corporation, association, partnership, sole proprietorship or other entity engaged in business within the Project Area on the date of, or subsequent to, adoption of the Redevelopment Plan by the City Council. City - the City of Redlands, California. City Council- the City Council of the City of Redlands. I CRL - Section 33000 et seq, of the California I lealth and Safety Code (the "Community Redevelopment Law") Executive Director - the Executive Director for the Redevelopment Agency of the City of Redlands, or his or her designee. Owner - any person . persons, corporation, association, partnership or other entity holding title of record to real property in the Project Area on the date of, or Subsequent to, adoption of the Redevelopment Plan for Project Area No. I by the City Council. Owner Participation Rules -this document. Participation Agreement - an agreement entered into between the Agency and an owner, business or tenant living or operating within the Project Area in accordance with the provisions of the Redevelopment Plan and the rules designated herein. Redevelopment Plan -- refers to the document entitled 'Redevelopment Plan as was adopted by the City Council in proceedings on September 216. 19722 which acts, as the redevelopment plan for the Agency's Protect Area No. I. Statement of Interest. and Statement of Interest to Participate-the documents comprising Appendix "A"hereto, which are incorporated herein by reference. Tenant - means any person, persons, corporation, association, business, partnership or other entity that rents or leases real property within Project Area No. I on the date of, or subsequent to, adoption of the Redevelopment Plan by the City Council. GENERAL PROCEDURES These Owner Participation Rules have been prepared by the Agency specifically to implement the provisions of the Redevelopment Plan for the Project Area regarding participation and the exercise of reentry preferences for owners, businesses and tenants within the Project Area. Owners, businesses and tenants who are desirous of exercising their participation rights and preferences shall abide by these Owner Participation Rules in exercising their preferences and participation opportunities. The Agency desires and encourages participation in the redevelopment of the Project Area by existing owners, businesses and tenants to the extent feasible in best achieving the objectives of the Redevelopment Plan. In view of the pattern of land use and development envisioned by the Redevelopment Plan, owners, businesses and tenants in the Project Area will be encouraged, when feasible, to take advantage of their participation re-entry and preference opportunities as described herein. Participation.opportunities are, however, necessarily subject to and limited by factors such as the following: • Removal, relocation and/or installation of public utilities and public facilities. • The construction, realignment, abandonment, widening, opening or other alteration or elimination of public rights-of-way. • The elimination and/or modification of some existing uses. • The realignment and1or alteration of some streets. ■ The ability of participants to finance and complete proposed redevelopment within a reasonable time pursuant to a schedule for performance, with uses and improvements consistent with and in furtherance of the Redevelopment Plan. ■ Any aggregation or reparcelization of parcels in the Project Area. • Any change in orientation or character of the Project Area. • The requirements of the Redevelopment Plan and applicable rules.,regulations and ordinances of the City of Redlands. • Any design guidelines adopted by the Agency pursuant to the Redevelopment Plan. • The assembly and development of areas for public and/or private development in accordance with the Redevelopment Plan and the necessity to assemble areas for such development. • The feasibility of the potential participant's proposal. • The capability and/or experience necessary to implement proposed development, as determined in good faith by the Agency. C • The construction and expansion of public facilities. PREFE'RE'NCE'S AMONG PARTICIPANTS if conflicts develop between the desires, of participants and developers for particular sites or land uses, the Aorency is, with consideration of the factors above, authorized to establish reasonable preferences among the potential participants and developers and to determine a solution by consideration of factors including but not limited to: 1. Length of time in the area. 2. The needs and desires of the area. 3. Accommodation of as many potential participants as possible. 4. Ability to perform. 5. Similar land uses. 6. Conformity with intent and purpose of the Redeveloment Plan. Participation., to the extent feasible, shall be available for individuals, two or more persons, firms or institutions to join together in partnerships, corporations or other joint entities. If a conflict develops, the Agency shall review the applicable factors and shall make a determination as to which of the competing proposals best meets the objectives of the CRL, the Redevelopment Plan and these Owner Participation Rules. The Agency is authorized to make that determination in its subjective judgment. ent. j :�m CRITERIA FOR E"LUATING PROPOSALS SUBMITTED BYPARTICIPANTS The Agency may, in its discretion, decline any offer of owner participation, resolve conflicting proposals between Owners or resolve conflicting proposals between Owners and others interested in developing their property. Proposals submitted for particular sites or land uses will be appraised by the Agency after consideration of the following factors: 1. Removal of blighting conditions within the Project Area and the upgrading of uses. 2, Conformity of the proposal, including with respect to uses, to the Redevelopment Plan and other applicable enactments. 3. Conformity of the proposal with the intent and objectives of the Redevelopment Plan. 4. The degree to which the proposal best furthers the objectives of the Redevelopment Plan. 5. The employment opportunities and economic benefits to the A(,,enev and to the community that can be reasonably expected to result from the implementation of the proposals. G. Development team qualifications, including experience and financial capacity to undertake the project, the ability of the person(s) desiring to redevelop the property to implement the proposed project, taking into consideration the proponent's financial capability, prior experience with similar QJ development, degree of site control, ability to obtain financing, ability to abide by Agency design standards and development controls and readiness to proceed. 7. Estimated cost, if any, of City or Agency involvement, including the provision of City or Agency services, to be required if the proposal is accepted. 8. Economic benefits to the Agency, the City and the community, as determined by a cost/benefit analysis, if the proposal is approved and the proposed development implemented. 9. The likelihood of successful implementation. 10, Time schedule for completion of the proposed project. 11. Involvement of other Project Area tenants or owners. 12. Completeness ()[' the proposal, including land uses, site control, financing proposal, densities, tenants and, -k far)pI]cable, nnanufacturer or fi-aiwhise approval. 13, Environmental benefits (or lesser degree of detrimental impact). 14. Quality of design, project concept and architectural design features. Satisfaction of the above listed criteria can be effected by the submitted party itself, or by a partner or joint venturer. Any such partner or joint venturer must be identified at the time of submittal, and must be authorized to make representations to the agency on behalf of the partnership or joint venturer. In the event conflicting submittals are received that satisfy the criteria set forth in above, the following criteria shall be applied to resolve such conflict: 1. Best satisfaction of the criteria set forth above. 2. GrCatCSt public benefit. The Agency may receive and consider proposals from persons other than owners or tenants. The Agency will evaluate all such proposals based upon the criteria set forth in the above section. The Agency shall give 0 ZP preference to proposal by owners and tenants in the event an owner or tenant submits a proposal that fulfills the criteria set forth in the above section to substantially the same extent as that achieved by a proposal from a person other than an owner or tenant. TLV E PERIODS FOR PA R TICIPA TIOAT AND PROCEDURES FOR EVALUATION OFSUBA11TTALS At any time prior to entering into an agreement with a developer from outside the Project Area for the assemblage of a particular site. the Agency, through its staff, will notify all directly affected Owners and Tenants from within the particular site of the Owner Participation Rules. Owners and tenants so notified will be given thirty(30) calendar days to respond, indicating by a "Statement of Interest" whether they are interested in being considered as participants and, if so, in what capacity (further described in "Procedure for Becoming a Participant'). Any Statement of Interest must be in writing, in the form of Exhibit "A." The Agency staff shall, within ten (10) calendar days after receipt of a Statement of Interest, acknowledge I receipt of the Statement by a confirming letter to the prospective participant. Such written acknowledgment shall not obligate the Agency to ultimately reach agreement with the applicant or to reject other proposals. Within tnii-ty (30) days ot'the deadline for submitting the Statement of Interest (thus, within a total of sixty (60) days from original notification), any owner or tenant desiring to be considered as a developer must submit a detailed proposal for the project, which shall include, but is not limited to, such items as a Construction proforma, an operating proforma, a business plan, site elevations and a site plan. An owner or tenant desiring to participate as a tenant shall describe generally its business, and shall provide such additional information as may be requested by the Executive Director. The Agency's staff will be available thr0Ugh0L1t the above-listed time frame to discuss proposals and to assist informally in the making of necessary adjustments conducive to the parties involved; provided that the proponent, and not the Agency staff., shall be responsible for the content of any proposal. The Agency will make reasonable efforts to accommodate the interested owners, businesses and tenants desiring to participate in the project. upon receipt of requests for consideration by owners or tenants from within the Project Area with respect to owner participation or re-entry of business within the Project Area, the Agency, through its staff, will review such submittals, as set forth below. Upon receipt of submittals, initial evaluation shall be conducted by the Executive Director of the Agency. Each party making a submittal is responsible for the completeness and accuracy of its submittals. If requested by the Executive Director, submittals shall include a construction proforma (if applicable), an operating proforma, a business plan, site elevations and a site plan. Proposals to participate as tenants shall include a description of the subject business, a business plan, and such other information as the proponent may deem appropriate or as may be requested by the Executive Director. These items may also be requested of a party that expresses an interest to participate solely as a tenant. In the event the Executive Director notifies a party making a submittal that the submittal is incomplete or that additional information is required, such party shall be allowed two (2) weeks from date of notification to complete its submittal. The failure to provide such additional information for the submittal in a timely manner will terminate consideration of any such submittal. Upon receipt of one or more submittals, and additional information is applicable, the Executive Director will evaluate the submittal and make a determination with respect to whether the submittal conforms to the criteria set forth in "General Procedures." In the event a party having made a submittal disagrees with conclusions reached by the Executive Director, such party may appeal such decision to the governing Board of the Agency by making written request therefore within ten(10)days after the Executive Director transmits notice of the initial evaluation. The review of such submittal(s)by the Agency Board shall be de novo. Where the Executive Director deems appropriate, the Executive Director or a staff member will meet with the applicant and discuss the proposal prior to making a determination concerning the proposal. A determination shall be made by the Executive Director within forty-five (45) days after the receipt of the proposal, or the time the proposal is required to be received, whichever is earlier; provided that the foregoing forty-five (45)day period shall be subject to reasonable extension upon the mutual agreement of the Executive Director and the party making the submittal. Any decision by the Executive Director resolving a conflict between submittals may be appealed for de novo review by the governing body of the Agency by the applicant by mailing a written request within ten (10)days after the Executive Director transmits notice of his or her decision. If an appeal is filed in accordance with the procedures herein set forth, all times otherwise applicable pursuant to these rules shall be extended until the Agency decides the appeal, or the appeal is withdrawn or otherwise finally determined. PARTICIPATIO BY OWNERS IN THE SAME LOCATION In appropriate circumstances where such action would foster the unified development contemplated by the Redevelopment flan, an owner may participate in substantially the same location either by retaining all or portions of his property, or by retaining all or portions of his property and purchasing adjacent property if needed and available for development in accordance with the Redevelopment Plan. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire only the buildings and remove or demolish such buildings. Where a proposal to participate in the same location involves a building in good. condition, but with an existing use which does not conform to the provisions of the redevelopment Plan, the Agency may allow such use to continue provided that such use is generally compatible with the permitted uses in the area in which the building is located, and will not compromise the goals of the Redevelopment Plan. In order to remain in the Project Area with a nonconforming use, the owner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the remainder of the Project Area. The final decision concerning acquisition of real property by the Agency will be based upon the conditions existing at the time the Agency purchases property or enters into Participation Agreements. BY B USINESSES AND TENANTS Pursuant to these Owner Participation Rules, businesses and tenants in the Project Area will be given a reasonable opportunity to remain within, or preferences to re-enter, the Project Area, if they otherwise meet the requirements prescribed by the Redevelopment Plan and these Owner Participation Rules. In the case of re-entry, preferences will be given if suitable facilities become available with implementation of the Redevelopment Plan. The viability of the involvement of a business or tenant in re-entry will depend, in part, upon the, ability of the person to participate on the basis proposed, including such factors as the ability to pay the requisite rent, the suitability of the proposed tenancy for the development under consideration, readiness to proceed, and those other factors as generally set firth in "General Procedures." PROCEDURE FOR BECOMING A PARTICIPANT SUBMITTAL OFA STATEMENT OF INTEREST The Agency will, through its staff, work with each owner, business and tenant in the Project Area who desires to participate. The Agency will notify by certified mail, return receipt requested, the last known assessee of any particular property that will be affected by a project. Such notification will refer to these Owner Participation Rules and shall state that the Agency, through its staff, is available to answer questions or generally to provide advisory assistance. The notification will advise all such persons of the date by which interested owners, businesses, and tenants should submit to the Agency a completed form entitled "Statement of Interest to Participate" (see Appendix A attached hereto and incorporated herein by reference). Every owner, business or tenant interested in becoming a participant shall submit to the Agency a completed Statement of Interest to Participate (Appendix A) within thirty (30) days from the date of the notification. All Statements of Interest to Participate received after the established date for submission may be given consideration by the Agency, at its discretion, but in a priority secondary to those Statements of Interest to Participate received within the established date as defined above. The Agency shall proceed to negotiate with each owner, business or tenant returning the statement of Interest to Participate as appropriate to each owner,business or tenant response. Failure to comply with time limitations as described in General Procedures shall be deemed to constitute an abandonment and relinquishment of any right of the proponent to be considered as a participant pursuant to the Redevelopment Plan and these Owner Participation Rules. Subject to the provisions of these Owner Participation Rules, the Agency will endeavor in good faith to accommodate owners, business operators, or tenants desiring to develop or improve property within the Project Area by expediting the negotiation of Participation Agreements upon request. The foregoing shall not be deemed to diminish the rights or discretion of the Agency in implementing the Redevelopment Plan. SUB,UITTAL OFA PROPOSAL FOR 0 WNIER/TEX4NT PAR TICIPA TION The Agency, by inclusion of the Owner Participation Rules or reference to these Owner Participation Rules in writing to any potential participant, shall be considered to have notified each owner, business or tenant who has submitted a valid Statement of Interest to Participate (Appendix A) of the time within which they must submit a proposal for participation, if they desire participation. In addition, if the Agency determines that an owner, business, or tenant within the Project Area will be required to enter into a Participation Agreement, the Agency shall notify the owner, business or tenant in writing of its intention to require a Participation Agreement, and shall provide the owner, business or tenant with a copy of the proposed Participation Agreement. COMPLET101YOFA PARTICIPATIOArAGREEMEIVT Each owner.business or tenant who has submitted an acceptable proposal for participation shall enter into a Participation Agreement with the Agency. Each Participation Agreement will contain provisions necessary to ensure that the participation proposal will be carried out, and that the subject property will be developed andlor rehabilitated and used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the subject Participation Agreement, Each Participation Agreement willparticipant require the to join in the recordation of such documents as the Agency may require in order to ensure conformance with applicable laws, conditions,restrictions,rules and regulations. The Participation Agreement will also provide that a successor-in-interest to the original participant may become a participant with the written approval of the Agency. A Participation Agreement shall generally provide that if the owner, business or tenant does not comply with the terms of the Agreement, the Agency, in addition to other remedies, may acquire their property or any interest therein by any lawful means, including eminent domain, for its fair market value as of the date of the Participation Agreement (or such other value as may be negotiated), and the Agency may thereafter dispose of the property or interest so acquired in accordance with the Redevelopment Plan. All Participation Agreements will become effective only when approved by the Agency. LIMITATIONS ON ACQUISITION OF PROPERTY BY THE AGENCY The Agency shall not acquire real property on which an existing building is to be continued at its present siteand in its present form and use without the consent of the owner or occupant unless: • Such building is required, under applicable housing, building, electrical, plumbing or other codes or standards, to undergo structural alteration, improvement, modernization or rehabilitation to assure that such structures are decent, safe and sanitary for people and businesses to occupy. • The site or lot on which the building is situated requires modification in size, configuration or use. • It is necessary to impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan, and the Owner fails or refuses to participate in the Redevelopment Plan by executing a Participation Agreement PROCEDURE FOR AMENDING PARTICIPATION RULES The Agency Board may amend these rules after their adoption through a duly noticed public meeting. Appendix A PROPERTY OWNER'S AND BUSINESS OCCUPANT'S STATEMENT OF INTEREST IN PARTICIPATING IN DEVELOPMENT OF THE [PROJECT NAME] I hereby express my interest in participating in the [Project Name] and submit the following information: 1. Name: Telephone: 2. Mailing Address: 3. Following are the addresses cdall property, which | own within the [Project Name]. 4. Following are the names and addresses of all businesses I own within the [Project Name]. Name(f8ue)neeo: Address: Name ufBusiness: Addnaoa: 5. Following are the names and addresses of all businesses located on my property. Name ofBueineea: Address: Name ofBusiness: Address: 6. |f / participate: (check all that apply) a. ___ ( would like to participate at the same location / now own. b. ___ / would like to participate at different location within the [Project Name]. C. ___ | would like to ae|| my property for its/air market value and be relocated. d. I would like to sell my property for its fair market value and cease to be an Owner inthe [Project Name]. e. ___ | would like toacquire other real property for expansion (describe requirements for other property; use additional sheets ifnecasaary). 7. Background, experience. and information concerning your proposal (you may include further information on this page orattach additional sheets ifyou desire todoso): | understand that submission cfthis Statement of Interest in Participating form does not obligate me to participate in the [Project Name]. Print Name., Signed Date Title (if nppUcah|e): RETURN WITHIN 3DDAYS TO: Statement m/ Interest Executive Director Redevelopment Agency ofthe City ofRedlands P.O. Box 30O5 (maihng) 35 Cajun EDree1, Suite 200 (overnight mail only) Redlands, CA92373 In order to participate,your response is required by no later than [; DATE]. Subject: Request for Design for Development Proposals and Important Information Regarding Your Opportunity to Participate in Redevelopment of Project Area No. 1. The Redevelopment Agency of the City of Redlands ("Agency") has received a conceptual proposal for redevelopment of approximately [ a acres located at and referred to as the "Site" within the Agency's Project Area No. 1. This Site is also located in the City of Redlands. The conceptual proposal calls for the development of a business class hotel ("Proposed Development") which will serve as upscale lodging for persons visiting the City of Redlands. The overall goal of implementing the Redevelopment Plan and developing a hotel is to The Agency believes that the Proposed Development will contribute to the overall goals of the City of Redlands. The Agency has made no formal commitments to proceed with the Proposed Development at this time but has, however, elected to (1) solicit proposals from interested parties in accordance with the Agency's revitalization goals as outlined by its Redevelopment Plan, and (2) concurrently invite owner participation proposals (described below) from property owners and tenants who may be affected by the Proposed Development. You have- been identified as either a property owner, property owner representative, business operator, tenant or lease holder within the Site who may be directly affected in the event that the Proposed Development were to be constructed. As such, you have an opportunity to participate in the development of the Site by submitting a design for development or a participation proposal for consideration by the Agency as permitted under the California Community Redevelopment Law and the Agency's Rules Governing Participation and Preferences by Property Owners and Business Occupants ("Participation Rules"), a copy of which is enclosed with this letter. At the conclusion of this process, the Agency will consider and evaluate all submissions received in response to this solicitation. At that time, the Agency may take one or more of the following actions: 1. Take no further action as to the current solicitation. 2. Request additional information before taking any action. 3. Refine the Agency's development objectives for the site and solicit additional information from property owners as to specific ways by which they might wish to directly participate in actual development of the site. 4. Select one or more proposals as the manner by which the Agency wishes to pursue possible development of the site. 5. Offer to enter into exclusive negotiations with a developer and/or owner entity for the development of the site, 6. Extend proposed offers to one or more of the respondents as to participation in Project Area No. I Your participation proposal need not be limited to the location of the Proposed Development and may propose your own development elsewhere within the Site, or on your property only. As an alternative, participation could also take the form of an investment in the Proposed Development, in an appropriate manner, or another method of participation that is consistent with the Participation Rules. Participation may be by individual persons or by two or more persons, firms or institutions who participate together by forming a partnership, corporation or other joint venture. Actual participation depends on many factors. As such, no owner participant has an absolute right to participate. In order to express your interest in submitting a design for development or otherwise participating in the redevelopment of the Site within Project Area No. 1, you must submit a completed Statement of Interest to Participate to: Attention: John Davidson, Executive Director Redevelopment Agency of the City of Redlands 35 Cajon Street,Suite 200 P.O.Box 3005 (mailing) Redlands, CA 92373 Submissions of the Statement of Interest to Participate must be submitted no later than . A Statement of Interest to Participate is contained as an attachment to the Participation Rules. You must use this format. Failure to submit a completed Statement of Interest to Participate within the time provided shall be deemed to constitute an abandonment and relinquishment of any right you may have to be considered as a participant under the Participation Rules. Following submittal of your Statement of Interest to Participate, you are required to submit a participation proposal to the Community Development Department within thirty (30) days of [original date. 2004] or other mutually agreed upon date. Your proposal, which may be a competing development proposal, must be sufficiently detailed to permit the Agency to fully assess the proposal's feasibility and its consistency with the goals and objectives of the Redevelopment Plan. Your development proposal must contain, but is not limited to, such items as a description of the scope of development, a construction proforma, an operating proforma, a business plan, a site elevation, and a proposed site plan. Your participation proposal must describe your own experience and your financial capability to undertake and complete the project. At the end of the proposal submittal period, the Agency will evaluate all proposals it has received and make a determination as to which of the completed proposals best meets the objectives of the Community Redevelopment Law, the Participation Rules, and the City of Redlands' community objectives. The enclosed Evaluation Criteria will be applied in making such determination. You are encouraged to submit a participation proposal. You should carefully review the enclosures, listed below for your reference, as they contain important information regarding qualifications for participation. The Agency may, In its discretion, decline any offer of owner participation and resolve conflicting proposals. No person or business has an unqualified right to participate in the redevelopment of the Project Area No. 1. We look forward to receiving your participation proposal. If you have any questions about your or if you would like to discuss any issues relating possible I Z�lg to the proposed project, please do not hesitate to call the Community Development Department at (1909) 798-7555. Sincerely, ENCLOSURES: Parcel Map outlining the area in question Rules Governing Participation and Preferences by Owners and Business Occupants Statement of Interest to Participate-attachment to Participation Rules Evaluation Criteria Redevelopment Plan