HomeMy WebLinkAboutChildren and Families Commission of Fresno County - Amendment No 1 to Exclusive Negotiation Agreement 1.06 +/- acres fp ;amd at Tulare Ave & between O St & N St APN 466-094-09T (T-Lot)AMENDMENT NO. 1 TO
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g EXCLUSIVE NEGOTIATION AGREEMENT
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1.06 +/- Acres of Land at Tulare Avenue and between
o ° - "O" Street and "N" Street, City of Fresno, California
L; APN: 466-094-09T (T -Lot)
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THIS AMENDMENT NO. 1 TO EXCLUSIVE NEGOTIATION AGREEMENT
("Amendment") is made and entered into on j tvti L! 2011, by and between the
CITY OF FRESNO, a municipal corporation, ("CITY"), and CHILDREN & FAMILIES
COMMISSION OF FRESNO COUNTY, an independent governmental agency formed pursuant
to California Health & Safety Code section 130100 et seq. ("FIRST 5").
RECITALS
WHEREAS, CITY and FIRST 5 entered into that Exclusive Negotiation Agreement
effective June 23, 2010 ("Agreement") providing for a twelve (12) month exclusive negotiation
period regarding the purchase of real property by FIRST 5;
WHEREAS, the Agreement will terminate June 23, 2011, unless sooner terminated
pursuant to the terms of the Agreement; and
WHEREAS, the CITY and FIRST 5 desire to extend the Agreement for an additional
twelve (12) month period.
NOW, THEREFORE, in consideration of the foregoing, which are hereby incorporated
by this reference, and for other good and valuable consideration hereby acknowledged, the
parties mutually agree as follows:
1. Section 1 of the Agreement is hereby amended to read as follows:
CITY and FIRST 5 shall negotiate exclusively for 24 months (730 calendar days)
from the Effective Date (the "Negotiation Period"), unless negotiations are sooner
terminated as provided herein. The parties shall devote such personnel, consultants
and resources as may be reasonably necessary to complete negotiations within that
time limit.
2. All dates referenced in the Performance Schedule, attached to the Agreement as
Exhibit B, shall also be extended by twelve (12) months.
3. All capitalized terms not otherwise defined herein shall have the meaning ascribed to
such terns in the Agreement.
4. In all other regards, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed, the day and year first -above written.
CITY OF FRESNO,
a municipal corporation
CE RUDD
Assistant City Manager
ATTEST:
REBECCA E. KLISCH
Cit
Da
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City Attorney
By:
Deputy
Addresses:
CITY:
City of Fresno
Attention: Elliott Balch
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8366
FAX: (559) 457-1504
E-MAIL: elliott.balch@fresno.gov
2
CHILDREN & FAMILIES COMMISSION
OF FRESNO COUNTY (FIRST 5):
2u� 6) ",_
SUSAN B. ANDERSON
FiR;A
mission Chair
OGE S
First 5 Executive Dire olr
APPROVED AS TO FORM:
KENNETH J. PRICE
Commissi n ounsel
By: .f�c•�
FIRST 5:
Children & Families Commission
Attention: Kendra Rogers
[Street Address]
Fresno, CA [Zip]
Phone: (559) 241-6515
FAX: (559) 241-6510
E-MAIL: KRogers@rst5fresno.org
City of
rn�■ = ��►�� REPORT TO THE CITY COUNCIL AGENDA ITEM NO.
May 26, 2011
FROM:
BY:
COUNCIL MEETING S�2b�2o1#
APPROVED BY
DEPARTMENT DIRECTOR
TY MANAGER
CRAIG SCHARTON, Assistant Director
Development and Resource Manageme
ELLIOTT BALCH, Downtown Revitalization Manager
Development and Resource Management Department
SUBJECT: APPROVE 12 -MONTH EXTENSION TO EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE CITY OF FRESNO AND CHILDREN & FAMILIES COMMISSION OF
FRESNO COUNTY ("FIRST 5") FOR THE POTENTIAL SALE OF A PARCEL OF CITY -
OWNED REAL PROPERTY IN DOWNTOWN FRESNO (APN 466-094-09T) TO FIRST 5
RECOMMENDATION
Staff recommends that the Council approve the attached amendment to the Exclusive Negotiation Agreement
(Exhibit A) between the City of Fresno and Children & Families Commission of Fresno County ("First 5"),
originally approved by the Council on June 17, 2010. The amendment extends the 12 -month p, riod of the
original Agreement by an additional 12 months. Presented to city Council
Date 5 2 t. 1
Disposition
EXECUTIVE SUMMARY
First 5 Fresno County is proposing to develop a child care facility, Family Learning Center, and administrative
offices at the present site of City of Fresno Parking Lot "T" in Downtown Fresno.
The Exclusive Negotiation Agreement (ENA) adopted by the Council on June 17, 2010, provided for a 12 -
month period in which to agree to an appropriate design, obtain development entitlements, and determine a
price and other terms for the sale of the City -owned land to First 5. The final agreement for the purchase of the
property would be subject to approval by the City Council and the First 5 Commission.
For various reasons First 5 has requested a one-year extension to the original ENA. Staff recommends
approval of the attached amendment providing this extension.
BACKGROUND
First 5 Fresno County intends to develop a multi -use facility on the City of Fresno's "T Lot" on Tulare Street
between N and O Streets. The approximately 48,000 sq. ft. site would accommodate a two story building with
a floor area of between 35,000 and 40,000 sq. ft. First 5 will utilize green building practices. The remaining
space will be dedicated to an outdoor play area, and parking.
The goal of the building is to help strengthen families with young children and our community's ability to more
effectively serve them. There are several components to the building. It would be utilized as a child care
Exclusive Negotiation Agreement with First 5 Fresno County
June 17, 2010
center and Family Learning Center. It would also serve as First 5 Fresno County administrative offices. The
building would have approximately 40-50 employees working at any given time.
The Family Learning Center, adjacent to the child care center, would provide instructional workshops on
developmentally appropriate play, socialization groups, health and nutrition and the benefits of using local
farmers produce to provide simple and healthy meals for one's family. The child care center can have up to 90
children and is anticipated to employ approximately 20 people. Additionally, this project will convert
approximately 9,000-12,000 square feet into an outside play area for the child care facility and community
gardens.
Currently the "T Lot" provides parking primarily for City employees who work in the Police Department complex
along N Street. The Lot's 125 stalls are used by 208 permit -holding permanent and temporary employees,
spread out over two shifts. Other parking arrangements would be offered to these employees if the site is
developed.
First 5 is requesting an twelve-month extension to the original twelve-month ENA due to unforeseen delays in
finalizing plans and designs for the project, as well as the uncertainty created by legislation signed by the
Governor in March which takes $1 billion in funding for First 5 programs statewide, ($16.7 million from Fresno
County). First 5 has filed suit against the State to stop the taking of funds, and has told City staff that the
proposed T Lot project will be in jeopardy if the suit is unsuccessful.
A twelve-month extension to the ENA will allow planning and design work for the project to continue while the
legal and budgetary issues that affect the project are resolved.
FISCAL IMPACT
The fiscal impact of the transaction will be determined by the results of the proposed Exclusive Negotiation
Period. Relevant factors will include the final sale price, the cost of installing a sewer line to serve the property,
and costs for entitlement such as environmental studies and documents, City impact fees, and other applicable
fees. The ENA commits the City to cover the cost of the sewer line and half (up to $25,000) of the entitlement
costs. Surface parking continues as normal at the site during the ENA period, so beyond the terms of the ENA
itself, there is no fiscal impact of the proposed twelve-month extension.
Attachments:
Exhibit A — Exclusive Negotiation Agreement between the City of Fresno and Children & Families
Commission of Fresno County
Exhibit B —Amendment No. 1 to Exclusive Negotiation Agreement between the City of Fresno and Children &
Families Commission of Fresno County