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HomeMy WebLinkAboutFresno Diamond Group 02151994 Processing AgmtCAyol REPORT TO THE REDEVELOPMENTEAEN DA ITEM NO. de0-D CY MEETING d S DATE. February 11, 1999 Annefu at wr FROM: ALVIN P. SOLIS, DirectorWW Q ' Development Department BY: NICK YOVINO, PlInn. Manager Planning Divislo In SUBJECT: APPROVAL OF DOWNTOWN SPORTS/ENTERTAINMeNT STADIUM PROCESSING AGREEMENT AS A CONPONENT OF THE PROPOSED STADIUM DEVELOPHENI PROTECT The proposed Downtown Sports/Entertainment Stadium redevelopment project was presented to the City Council/Redevelopment Agency on November 2, 1993, for initiation of the review and consideration processes. These processes include the project related plan amendments, development entitlements, preliminary acquisition agreements, preliminary engineerin and deli environmental assessment So review, investigation. In addition totheesite hazardous substances received a list of ^Proposed Developmentprocesses, the city council of Negotiation, presented by The Fresno Diamond Group ts for consideration and incorporation within a draft disposition and development agreement. The City Council/Redevelopment Agency authorized the City Manager to negotiate a draft die oeition and dev proposed ment agreement to be prepared and considered as a part of project and related environmental assessment. Concurrently with the project evaluation and environmental ssessment processes the City staff and representatives of The Fresno Diamond Group have worked coop stadiument era[hely [c refine the andre responsi bilities cies to beaaee geed to i thetheproject Obligations the stadium developer. These Redevelopment Agency and responsibilities have been project obligations Processing Agreement which specified within the proposed stadium further consideration thick h the Is w submitted for accepance and assessment Processes. trouContgh project review and environmental of the gent upon the completion and approval the required environmental findings and project entitlements, project provisions Set forth within the attached entitProcelements incoAgrerporated or as Amended through the project review process ill be rporated intM ubsequent Disposition sand Development Agreement, hick ill be returned to the Council for final review and approval. EUCKGRGDHo The DOW¢COwn Sports/Entertainment Stadium is proposed for the approximately 11 -acre area bound by Tulare, 8roadway/^H^ and enyo Wew�tty fpuay u—Xq�115/9 DI MINO C– REPORT TO THE COUNCIL Page 2, 1994 February 11, 1994 Streets and the Broadway/Fulton alley. Thin site is located at the edge of the Central Business District Redevelopment Plan Area at the southwest comer of the Fulton Mall. This location advocated by the "Central Area Urbanation wa Design Strategy' ation vas Plan) to most effectively integrate the facility with the urban commercial center and to maocimize support of the downtown cora utilization area.m addition, this location promotes the most effective liza[ion of ezinting facilities and attributes of the Central Area and optimizes utilization of the limited resources of both the City Of Fresno and the Fresno Redevelopment Agency, On December 15, 1992, The Fresno Diamond Group received approval of an exclusive agreement to prepare a stadium development business pan which was presented to the City Council/Redevelopment Agency l April 20, 1993. At that time, The Fresno Diamond Group was authorized to proceed with the implementation of a stadium development marketing and sales program. Based upon the initial responses to the Stadium financing options presented by the ^Summary Level Business plan", The Fresno Diamond Group pursued a Stadium development strategy to access private Sector financing to construct the Stadium and its ancillary features estimated to cont approximately $15,000,000. This financing strategy also relied Upon public agency participation to prw ide an appropriate buildable Site to accommodate a funecichal stadium Structure with adequate supporting facilities. The proposed Processing Agreement identifies the stadium facilities to include a seating capacity of 15,000 for baseball games and 10,0D0 to 20,000 patron capacity for concerts and other entertainment events. The stadium is to include skyboxes or other special seating accommodations, stadium club restaurant, retail spaces (1 e. souvenir gift shops), concessions, stadium and team administrative offices, warehouse and maintenance buildings, football omhome and visitor locker rooms, locker row, weight training roan, koncert stage and dressing room, loading and staging area, event teat area with adjoining commieaary and limited player/employee parking. These facilities re to be provided consistent with applicable codes and development standards and have Dh San depicted by site plan and architectural elevations submitted for the project conditional use permit. A significant advantage of the proposed stadium site is that much f the property in owned by the Fresno Redevelopment Agency or is Pepe ly avaity lable to the Agency. Even with this advantage, the assembly and site preparation work necessary to accommodate a suitable Stadium with its supporting facilities may necessitate a substantial investment of the City's and Agency's e REPORT TO THR CITY COUNCIL Page 3 February 11, 1994 staff and financial resources. The provision of a buildable stadium Bite requires aggregation of the remaining privately owned parcels, demolition, vacation of public right -Of -ways, reconstruction Of street and public facility improvements and Bite environmental remediation work. Because the project evaluation, environueral assessment and site hazardous Substances investigation are not complete, the full cost Of site acquisition and preparation can not yet be determined. However, the staff has identified a preliminary cost estimate ranging from $4,200,000 to 15,300,000, which includes $1,200,000 for storm drainage mprovements already comaitted to by the City. The estimated coat range does not include the potential cost to remediate hazardous substances nor the income derived from the site Purchase price to be paid by The Fresno. Diamond Group. However, the proposed Processing Agreement provides that a condition precedent to acquisition of the privately owned parcels is that the total remediation coats to the City/Agency shall net exceed $750,000. In addition, the Processing Agreement provides that The Fresno Diamond Bruce shall pay a purchase price of $750,000 for the Parcels identified for disposition. The Processing Agreement specifically note, that the obligations and requirements of the City Of Fresno and Redevelopment Agency, including the approval and execution of a Disposition and Development Agreement, are contingent upon the completion and approval of project entitlements and environmental findings, which are discretionary in nature and cannot be taken or cczmitted to be taken in advance. The Agreement alsores the submittal of a Financing Plan and a Plan of Organizatioprior to approval of and execution Of the Disposition and Development Agreement and cOnveyance of the stadium site to the developer. The Financing Plan shall be a binding contractual commitment from a qualified source or sources to provide equity and debt capital in the aggregate amount of $15,750,000 to be available to pay the purchase PrIce for the stadium property and the cost, Of stadium Ponc truction. The Plan of Organization shall disclose the name of the developer, the identities and qualifications of its officers and directors, identities of the shareholders or partners, ro forma statement Of assets and liabilities of the developers and such other information as may reasonably be required by the Agency to determine the identification and qualifications; of the persona in Control of the Developer's performance of obligations. The Fresno Diamond Group's Summary Level Business Plan also Provided projections of the stadium's operational costs and REPORT TO TRE CITY COUNCIL Page 4 February 11, 1994 revenues. A aignif icaut component of the projected stadium revenue stream, also included within the ^Proposed Development Agreement Points of Negotiation^, is the implementation of a proposed $4 special event parking £ee within the Central Area, of which the stadium developer will receive $3 for repayment of private investment and ongoing stadium maintenance. The proposed Processing agreement identifies the intention of the City/Agency to consider creation of this special event parking fee and enforcement together with the adoption of an ordinances to control 'ticket scalping', sale of unlicensed merchandise/souvenir items, and the implementation of sound ordinance provisions to accommodate stadium activity sound levels. CONCLUSION AND RECO. ATIONS In order to proceed with the processing and consideration of the Downtown Sports/Entertainment Stadium proposal, staff recovrneods that the City Council and Redevelopment Agency take the following action: 1. Approve the attached Downtown Sports /Entertainment Stadium Processing Agreement setting forth parameters for review of pending rDdi g entitlements and subsequent Disposition and nevelopment Agreement. DU:vs wp\redpin.cc3 Attachment A: Downtown Sports/Entertainment Stadium Processing Agreement DOWNTOWN SPORTS/ENTERTAINMENT STADIUM PROCESSING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, THE CITY OF FRESNO, AND FRESNO DIAMOND GROUP pip %I CINU I,^' lrr�LtlyL a41_ iLLSS L`0. n TABLE OF CONTENTS Paas TABLE OF CONTENTS .................................. ......... I RECITALS .................................. .................. 1 SECTION 1. DEFINITIONS ................................... 3 SECTION 2. SALE. PURCHASE PRICE .......................... 5 SECTION 3. CONVEYANCE OF PROPERTY . .................... 6 (a) Form of Deed .............................. 6 (b) Time and Place for Delivery of Dead ............. 6 (c) Apportionment of Current Taxes ................ 7 (d) Recordation of Dead ......................... 7 (a) Evidence of Thus and Escrow Fees .............. 7 (r) Developer's Negotiation of Certain Parcel Acquisitions e (g) Closing Dale .............................. 0 SECTION 4. TIME FOR CERTAIN ACTIONS ...................... 9 (a) City Discretionary Actions ..................... 9 (b) No Commitment as to Outcome ................. 10 (c) Approval of Financing Plans and Plan of Organization . 10 (d) Time Limits ............................... 10 SECTION 5. REQUIREMENTS OF THE DEVELOPER ............... 11 (a) Description of the Project ..................... 11 (b) Construaim Schedule ....................... 12 (c) Certain Covenants To Run With The Land .......... 12 (d) Events of Default Under This Agreement .......... 15 (e) Usage Covenants ................. .......... 16 (I) Developer Construction Option ................. 17 SECTION 6. REQUIREMENTS OF THE AGENCY AND CITY. ........ 18 SECTION 7. PUBLIC IMPROVEMENTS. ........................ 23 SECTION 8. CONDITIONS................................... 24 (a) Environmental Audit ......................... 24 (b) Failure to Approve Site Plan ................... 25 (c) Failure to Modify Plans and Adopt Ordinances ...... 25 (d) Termination of Agreement for Failing to Grant a Discretionary Approval ....................... 25. SECTION 9. PERIOD OF DURATION OF COVENANT ON USE. ...... 26 SECTION 10. NOTICES AND DEMANDS ......................... 26 SECTION 11. SPECIAL PROVISIONS. .......................... 27 (a) Anti-Discrimination Covenants .................. 27 (b) Deeds................................... 27 (c) Leases................................. .. 27 SECTION 12. UTILITY RELOCATION COSTS...................... 27 SECTION 13. PARTIES NOT PARTNERS ......................... 28 SECTION 14. GOVERNING LAW ............................... 28' SECTION 15. COUNTERPARTS. .............................. 28 SIGNATURE PAGE........................................ 29 EXHIBITS... _............................................ 30 DOWNTOWN SPORTS/ENTERTAINMENT STADIUM PROCESSING AGREEMENT THIS PROCESSING AGREEMENT (hereinafter "Agreement") is made on or as of the day of the _tlay of 1994, by and between the REDEVELOPMENT AGENCY OF THE CITY OF FRESNO, a public body, corporate and politic, hereinafter referred to as the "Agency", the CITY OF FRESNO, a municipal corporation, hereinafter referred to as Me "City," and FRESNO DIAMOND GROUP, a Calibmia corporation, or its nominee, hereinafter referred to as the "Developer". RECITALS A. Developer is interested In constructing and operating a 4riple An Class baseball stadium in downtown Fresno. The stadium shall be financed and constructed by Developer and will feature approximately 15,000 seats, approximately 36 skyboxes, a Stadium Club restaurant, several retail spaces (i.e. souvenir gift shops), stadium and team administrative offices, concessions, warehouse, maintenance building, home and visitor locker roams, weight training room, football locker room, a concert stage and concert dressing room, a leading and staging area, event tent area with adjoining commissary, and player/employee parking lot. B. To this end, Developer has been exploring alternatives for the development of a multi -use sport stadium within the boundaries of the Central Business District Redevelopment Area. The objective is the development of a Sports and Entertainment Complex (the "Stadium') which will serve the entire San Joaquin Valley and provide a multipurpose facility to attract residents, tourists, and events M downtown Fresno. C. In furtherance of the objectives of Me Community Redevelopment law of Me State of California (Health and Safety Code Sections 33000 at sea.) and the objectives addressed in the negotiations, Me Agency and Developer desire to carry out an urban renewal project as described In Section 5(a) of this Agreement and as more particularly described in Exhibit W entitled 'Project Description' attached hereto and incorporated herein by this reference. D. In ardor to enable the Agency to achieve Me objectives of Me Urban Renewal Plan and particularly to make the land in Me Project Area available for redevelopment by private enterprise in accordance with Me uses specified in the Urban Renewal Plan, the City has undertaken to provide and has provided substantial assistance to Me Agency in the Central Business District Project Area. E. Upon Me condition Mat the City and Agency have available funds for Me acquisition of certain parcels of property within Me Project Area, Me Agency offers to sell and Me Developer is willing to purchase those certain parcels of property located In Me Project Area and more particularly described In Exhibit W (hereinafter refered to as the 'Property') attached hereto and made a pad hereof by this reference, and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with this Agreement. F. The Agency believes that Me redevelopment of the Property pursuantto Mis Agreement, and the fulfillment generally of Me terms of this Agreement, are in the vital and best interests of Me City and Me County and the health, safety, morals, and E welfare of its residents, and in accord with the public purposes and local laws and requirements under which the Project has been undertaken and is being assisted- In addition, the Project will have a positive influence on the area and surrounding environs In that It will help eliminate blight, put under-utilized land to productive use and provide jobs for the local economy. G. In furtherance of arriving at this Agreement the Agency and Developer have. expended considerable time, effort and money to implement the Urban Renewal Plans, including, but not limited to, sums of money for economic feasibility studies, design and architectural plans, survey and project planning. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. DEFINITIONS. Unless the particular provision or context otherwise requires, the definitions contained in I section shall govern the construction, meaning and applications used in this Agreement (a) 'Area of Influence- means the area within the following steel boundaries --Freeway 41, Tuolumne,'P' Street and "E' Street. (b) 'Available funds" means money available for a particular expenditure in accordance with ail applicable laws, policies and procedures of the Agency or City, whichever is applicable. The term 'available funds' may include those tax increment funds received by the Agency and other 9 discretionary funds dedicated to the Project by the City Council and/or Agency Board. (c) 'City means the City of Fresno, a municipal corporation, which is a separate and distinct legal entity from the Agency. (d) 'Developer' shall also mean redeveloper within the meaning of the Community Redevelopment Law of the State of California. (a) 'Development' shall mean the Fresno Diamond Group or its nominee and shall also mean redevelopment within the conte d of the Community Redevelopment Law of the State of California. (f) 'Financing Plans" means a binding contractual commitment from a qualified, as defined by the Agency, source or sources to provide equity and debt capital in the aggregate amount of $15,750,000 to be available as and when needed to pay Ma Purchase Price for the Property and the costs of construction of the Project. (g) 'Improvement District means an improvement or acquisition district created pursuant to either the Improvement Act of 1911 or the Municipal Improvement Act of 1913 and the Municipal Code of the City. (h) 'Life of Stadium' means the use of the stadium for Me purposes enumerated under Section 5(a) by Developer. (i) "Project' shall mean the scope of the development as described In Exhibit 'B.' (i) 'Plan of Organization' means documentation disclosing Me name of the Developer, the identities and qualifications of its officers and directors, 11 the form of entity, the Identifies of each of Its shareholders or partners owning five percent (5%) or more of any class of the outstanding stock or any class of partnership units, a pro forma statement of assets and liabilities of the Developer as of the Closing Date, as defined in Section 3(g) of this Agreement and such other information as may reasonably be required by the Agency to determine the identification and qualifications of the persons in control of the Developer's performance of its obligations under this Agreement. SECTION 2. SALE. PURCHASE PRICE. (a) Subject to all terms, covenants, and conditions of this Agreement, the Agency shall convey to the Developer certain parcels of property described in Exhibit W. Prior to Me transfer of properties, Developer shall have submitted an acceptable Financing Plan and Plan of Organization. It is acknowledged by Me parties hereto, that Assessor Parcel Nos. (APNs) 468-284-23 and 468-284-24 will be acquired by Me Agency pursuant to Option to Purchase Agreements. It Is possible that APNs 468-284-31, 46&281-16, and 468-281-18 will be acquired through negotiations by Me Agency. Nothing herein shall require Me Agency or the City to acquire said parcels through the use of eminent domain proceedings. Copies of option agreements for APN's 468-284-23 and 468-284-24 are attached hereto as Exhibits 'C-10 through 'C-3' Inclusive. The Agency will consider renting, leasing or selling APN 468.282-23T to Me Developer for use for parking or staging operations during special events at Me stadium. As a further condition precedent to acquisition, Me site clean- up cost estimates received after completion of the Level 11 assessment shall not exceed the $750,000 maximum amount for Me clean-up of the Project Area and related contaminated parcels required to be remediated by City or Agency. (b) Subject to all terms, covenants, and conditions of this Agreement, the Agency will sell certain property as described in Exhibit's' and the Developer will purchase said property from the Agency and pay Me amount of Seven Hundred Fifty Thousand and no cents ($750,000) (hereinafter referred to as 'Purchase Price'). The Purchase Price for Me parcels shall be paid in cash or ceNFled check simultaneously with Me delivery of the Deeds conveying said properties to the Developer. Said transaction shall he completed through an escrow Mat shall be handled at Agency's expense by an agent that is mutually acceptable to all parties. SECTION 3. CONVEYANCE OF PROPERTY. (a) Form of Deed. The Agency shall convey to Me Developer title to the property for Me Project by Grant Deed (hereinafter referred M as Me 'Deed' or'Deeds') in a forth set forth in Exhibit -D' attached hereto and made a part hereof by his reference or such other form as Me parties may mutually agree in wdGng. Such conveyance and tille shall be subject to the appropriate Urban Renewal Plan and M all other conditions, covenants and demotions set forth or referred M in this Agreement (b) Time and Place for Delivery of Deed. The Agency shall deliver the Deeds or Deeds and possession of Me Property which Agency is obligated to acquire pursuant to Section 2(a) of MIs Agreement at the close of escrow no later than Me Closing Date established in this Agreement. Conveyance shall be IY made at the principal office of the Agency or the office of the escrow agent selected to handle the escrow by mutual consent of the Agency and Developer and the Developer shall accept such conveyance and pay to the Agency at such time and place the purchase price therefor as set forth in Section 2 above. (c) Apportionment of Current Taxes. The portion of the current taxes, if any, on the Property conveyed by Agency as descrbed in Exhibit's" which is a lien on the date of delivery of Me Deed or Deeds to the Developer shall be prorated between the Agency and the Developer as of the date of Me delivery of Me Deed or Deeds, respectively. If Me amount of Me current taxes on the Property is not ascertainable on such dale Me proration between the Agency and the Developer shall be on Me basis of the amount of the most recently ascertainable taxes on Me Properly, but such proration shall be subject to final adjustment within thirty (W) days after Me date or dates of the actual amount of such current taxes is ascertained. (d) Recordation of Deetl. The Escrow Agent shall promptly file the Deed or Deeds for recordation among Me land records of the place in which the Property is situated. The Agency shall pay all costs for recording any of Me Deeds. (a) Evidence of This and Escrow Fees. Evidence of ffile is to be in Me form of a standard ALTA owners policy or policies of title insurance Issued by or through a fide company mutually acceptable to Me Agency and Developer, the fee for such policy or policies of fitle insurance, with a policy limit 7 Of $750,000, shall be paid by the Agency. The escrow fees shall be bome by Me Agency. (f) Developer's Negotiation Of Consul Parcel AsQuistLons. Developer may undertake to negotiate the purchase of one (1) or more of the three (3) Properties in Exhibit -13- (the 'Tulare Frontage Properfies'). If Me Developer is successful in negotiating the terms and conditions in which the owners will sell the one or more of Me Tulare Frontage Properties to Me Agency before the Agency conveys to the Developer the Property described in Exhibit W, the Developer may require the Agency M purchase the Tulare Frontage Properfies and convey them to Me Developer on the same terms and conditions as if Me Tulare Frontage Properties were part of the original Property for all purposes of this Agreement. If the sum of Me Purchase Price plus real estate brokerage commissions payable by Me Agency for the Tulare Frontage Properties exceeds the fair market value of Mat property, as determined by an agreed upon appraisal, Me Purchase Price shall be increased by the amount of Me excess. The Agency will provide to any qualified seller of Me Tulare Frontage Properties Me relocation and other benefits made available to sellers Of the Property, identified in Exhibit 'el (g) Closing Date. The Closing Date is Me date on which Me Purchase Price shall be paid to Me Agency and the Property will be Conveyed W Me Developer through the escrow established under this Agreement for that Purpose. The Closing Date shell be May 31, 1994, unless extended by City, Agency or Developer as allowed by this subsection. M Developer may extend Me Closing Date by notice to Agency, which shell set forth the reason for the extension and the new Closing Date, but (a) Developer may not extend the Closing Date mare than three (3) times, and (b) any notice to extend the Closing Date most be given at least thirty (30) days in advance of the Closing Date established by this paragraph or by earlier extension(s), as Me case may be, and (c) Developer may not extend the Closing Date to a date that is later Nan November 2, 1994. City or Agency may extend the Closing Data by notice to Developer, which shall set forth the reason for Me extension and the new Closing Dale, but the City or Agency may not extend the Closing Data except for reasons beyond the reasonable control of City or Agency. SECTION 4. TIME FOR CERTAIN ACTIONS. (a) City Discretionary Actions. On November 2, 1993, the City and Me Agency commenced the necessary procedures for the amentlments of the Plans, the issuance of the Permits, the abandonment of Me rights-of-way, and other discretionary actions necessary for the implementation of the Project. Those actions cover the full range of planning, land use, zoning and other permits and public actions required for the Project, which include, but are not limited to, the following: the approval of a Disposition and Development Agreement; the issuance of a conditional use permit amendments to the Central Business District Urban Redevelopment Plan; abandonment of public tights -of -way; and environmental review of the Project under the Ce)ifomla Environmental Quality Act ('CEOA') and the National Environmental Protection Act ('NEPA'), if applicable. The City and the Agency will diligently prosecute all of those processes to a conclusion, with the intent and expckrudion that the final action on all such matters will betaken on or before April 26, 1994. (b) No Commitment as to Outcome. Nothing herein requires the City or the Agency to grant final approval of any matter described in paragraph (a). It is understood that the matters therein described are legislative, quasi-judicial or otherwise discretionary actions that cannot be taken or committed fo be taken pier to the completion of the environmental assessment under CEOA and NEPA, if applicable. (c) Approval of Financing Plans and Plan of Omanization. Developer Shelf submit Its Financing Plans and Plan of Organization to the Agency at least thirty (30) days before the Closing Date. The Agency shall promptly review the submitted materials and, it the submitted materials do not Include all information required by this Agreement, the Agency shall submit its request for the additional information required by this Agreement within ten (10) business days after receiving the materials submitted by Developer. Developer shall promptly assemble and deliver to the Agency the required additional information. The Agencys approval of the Developer's Financing Plans and Pian of Organization is a condition precedent to the Agency's execution of a Disposition and Development Agreement, and that approval shall not unreasonably be withheld or delayed, (d) Time Limits. The time limits listed herein are based upon the best estimates of the parties. Said time limits may be extended by either party 10 based upon additional public hearings, environmental review, natural disasters, work stoppages or other similar delays. Attached hereto as Exhibit'E' is a Proposed schedule of hearings and other milestones anticipated by the parties. The parties shall use Meir best efforts to meet these scheduling goals. SECTION 5. REQUIREMENTS OF THE DEVELOPER. (a) Deebrlptien of me PrOlwt, Developer shall construct and operate a'Triple A' Class baseball stadium at the designated site in downtown Fresno. The required elements of the stadium shall be Included in the Disposition and Development Agreement Which shall also cornea minimum maintenance requirements based upon Mose standards Mat apply to similarly situated Triple "A" Baseball Stadiums. The Stadium shall be financed and constructed by Developer and must contain: (1) Approximately 15,000 seats; (2) Approximately 36 skyboxes; (3) A Stadium Club restaurant; (4) Several Retail spaces (i.e., souvenir gift shops); (5) Stadium and team administrative offices; (6) Concessions; (7) A warehouse; (8) A maintenance building; (9) Home and visitor locker rooms; (10) Weight training room; (11) A football locker room; fit (12) A concertstage and concert dressing room; (13) A loading and staging area; (14) Event tent area with adjoining commissary; and (15) A player/employee parking lot. (b) Construction Schedule. As pari of any Disposition and Development Agreement entered Into by the parties, the Developer shall commit to a construction schedule for completion of the Stadium. Said schedule shall be for a pence of eighteen (18) months in duration from the time of the issuance of the building permit for construction of the Stadium. Developer shall be required to obtain its building permit on or before November 2, 1994. Said construction schedule shall be extended by a reasonable allowance on account of delays mused by the occurrence of strikes, natural coasters, or litigation challenging any required project approvals. Developer shall commence construction within twenty (20) days after the Building Permit is issued and shall diligently Proceed to complete the Project. If the Project Is not completed within the time limits set forth, the Agency anchor City shall have the right to take back title to the Project subject to any lights held by Developer's lender. Except for the Lenders rights, the Project shall be returned free and clear of any other liens, claims or encumbrances. (c) Certain Covenants To Run With The Lantl. The Developer covenant for Itself. its heirs, executors, administrators, successors and assigns, and all persons claiming under or through them, that said Developer, IK and such heirs, executors, administrators, successors and assigns, and all persons claiming under or through Mem, shall: (1) Devote the Property and all improvements now existing or hereafter existing thereon, to, and only to and in accordance with, the uses, restrictions and conditions specified in the Plan, as amended, and submit for Agency approval all building plans, including but not limited M plans for facade treatment and signs to be attached to the outside of the building; and (2) Not effect or execute any agreement, lease, conveyance, or other instrument whereby the Property or any part thereof is restricted upon the basis of race, religion, color, or national origin in the sale, lease or occupancy thereof; and, (3) Not discriminate against or segregate any person, or group of persons, on account of race, color, creed, national origin, or ancestry In Me sale, lease, sublease, rental, transfer, use, occupancy, tenure, or enjoyment of the Property herein referred, or any Improvements erected or to be erected thereon, nor shall Me Developer itself, or any person claiming under or through it, establish any such practice or practices of discrimination or segregation with reference to the selection, location, number. use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property herein referred; and, (4) Provide in all leases, subleases or conveyances affecting the Property, Mat no person shall, on the ground of race, color, or 13 national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of this Agreement; and, (5) Comply with all Federal, State, and local laws, In effect from time to time, prohibiting discrimination or segregation by reason of race, religion, calor, or national origin In the sale, lease or occupancy of the Property. It is intended and agreed that the agreements antl covenants provided in this paragraph (c) shall be covenants running with the land and that they shall Inure to the benefit of and be enforceable by the Agency, its successors and assigns, and the owner of any other land in the Project Area which is subject to the land use requirements am restrictions of the Plan, as amended. It is further intended and agreed that the covenants Contained in paragraphs (2) through (5) inclusive, of Section 5(c) hereinabove of the Agreement, shall remain in effect without limitations as to fame. The agreements and covenants of this Agreement shall run In favor of the Agency, its successors and assigns and the United States, for the entire period during which such agreements shall remain in force and effect without regard to whether the Agency or the United States has at any time been, remains, or is an owner of any land or Interest therein to which these covenants relate. In the event of any breach, the Agency or the United States shall have the right to exercise all the rights and remedies available at law or in equity to 14 enforce Me curing of such breach, in addition to any remedies contained in this Agreement. (d) Events of Defauh Under This Agreement The following occurrences shall constitute events of default: (1) Failure of the Developer to comply with or satisfactorily perform any of the terms, covenants or requirements of this Agreement, and any amendment thereto, or Me Plan; or, (2) The fact Mat my representation or warranty made by or on behalf of Me Developer In connection with Me Developer selection Process, the execution of this Agreement, or any other agreement, instrument, or document referred to herein, or submitted to Me Agency or City of Fresno in connection wM the construction, redevelopment or rehabilitation of the Property shall prove at any time to have been incorrect in any material respect when made. (3) The Developer shall not be deemed in default for delay or failure In performance of any of its obligations under Mis Agreement where Me delay or failure is caused substantially by any cause that is beyond Me control and without the fault of Developer, including but not limited to AM of God; unusually severe weather; unusually severe flood; earthquake; war; riot; act of the public enemy; governmental quarantine, Priority or remotion; action or failure to act by any governmental authority having jurisdiction; labor unrest or sinks; unforeseeable inability W secure labor, materials, supplies, teols or transportation; or any similar 15 or different cause. In Me event of such a delay, the Developer shall nobly the Agency within we weeks after the delay begins, describing the delay and Me cause(s) in reasonable detail and an estimate of the time needed to overcome Me effects of delay. If such notice Is given within the two week period, the Developer shall be entitled to an extension of time to perform for a period reasonably necessary to overcome the effects of the delay. The extension shall be stated in a writing signed by authorized representatives of the Agency and Developer. (e) Usage Covenants. The Developer agrees Mat every conveyance Of title from Me City or Agency to Properly covered by this Agreement subsequent to the date hereof, including leases and assignments, shall, in addition to any other covenants, contain Me following covenants on the part of Me Developer for itself, its hairs, successors, and assigns of Ma Property described herein, which shall be covenants running with the land and shall bind Me Developer, its heirs, executors, administrators antl assigns and all persons claiming under or through them: (1) A covenant that the Developer, its heirs, successors and assigns, of Me Property or any part thereof and any lessee of Me Property or any part thereof, will and shall carry out Me work of the redevelopment of Me Property or part or parts thereof as in Mis Agreement provided, and will and shall devote such Property to Me uses specified in the Plan, as amended. Q (2) A covenant that the Developer, its heirs, successors and assigns, of the Property or any part thereof and any lessee of the Property or any part thereof, will adhere to and abide by Me provisions and clauses as hereinabove detailed in Secton 5(c). (3) A covenant that after the satisfactory completion of any construction or allocations to the Property referred 0 herein, and made necessary by this Agreement, Me Property shall, for as long as the Plan is in effect, be devoted to Me uses specified in the Plan, as amended, and shall not, in whole or in can, be devoted to any other use or used for any other purpose. (i) Developer Construction Option. Developer may elect to purchase me Property before the demolition, filling and grading required by Section 6(b), (c) and (d) and any hazardous material clean-up of Me Property have been started or completed by me Agency. Before the Agency lets any contracts for any of that work or commences any of that work, it shall meet and confer with Developer to determine (1) a fair estimate of the value of Me work, and (ii) whether Developer will undertake Me work after the Close of Escrow. If the parties agree on a fair estimate of the value of the wo* and Developer chooses to undertake the work, atter me Close of Escrow, Developer shall receive a credit against the Purchase Pace in the amount of the fair estimate to which the parties have agreed, up to $750,000, and the amount of the fair estimate for the work to which me parties have agreed Is more Man $750,000, Me Agency shall Pay the balance to the Developer within mirty (30) days after me completion of 17 the work. Within thirty (30) days atter completion of the work, Developer will provide to the Agency an amounting of the work ard, if the Developer's cast for the work is less than Me agreed value, the Developer will immediately pay the difference to the Agency. The use of this subsection (f) (Developer Construction Option) shall be subject to legal review and approval of the City Attorney. SECTION & REQUIREMENTS OF THE AGENCY AND CffY. Agency conveyed property shall be in a cleared aM buildable condition. The work needs to be done by either Me City or the Agency and shall include the following: (a) Acquire the property; including the abandonment of the northeasterly 12' of the existing-Broadway/H' Street right-of-way between Tulare and Inyo Streets and any other public rights-of-way and public utility easements on the property. Any public utility easements shall be moved according to applicable franchise agreements. (b) Demolish buildings. (c) Fill In and compact in the temporary ponding basin. (d) Grace to pati elevation as mutually agreed to by the parties. (e) Complete all required public infrastructure improvements deemed necessary by the Agency or the City. (0 Establish within the D&DA coordination between FDG construction and City of -site improvements. (g) The Agency shall be responsible for. IL'1 (1) All Impositions for public infrastructure Improvements, including public utility improvements deemed necessary by Me Agency and Me City; (2) All fees, costs and charges of the Agency and the City for the issuance of permits for Me development of Project including, but not limited to, amendments of public plans, a conditional use permit, grading permits and building permits; (3) The cost of clearing the Property of buildings, the cost of removing from the Property any toxic and hazardous substances at a cost not to exceed $750,000, and Me cost of placing Me Property in a clean, neat, and rough -graded level condition ready for finish grading for Me commencement of construction. Clean-up costs shall include all costs associated with cleaning up Me actual land conveyed to Developer and clean- up costs for necessary remediafion surrounding parcels containing contamination reasonably related to Me on-site contamination. (4) All fees for drainage service, all City fees for connection to public water and sewer service, a all other governmental fees and charges (except for school impact fees) imposed as a condition to the development of the Project. To protect and insure that event -generated income streams will be available to Developer, City will take certain actions with respect to the Project's Area of Influence as follows: 19 (1) Consider the adoption of a ticket scalping ordinance. This ordinance would prohibR the sales or solicitation of stadium customers within the Area of Influence. (2) Enforce the City's parking lot standards on all non -City owned or contralled lots to the event allowable by law. (i) On -street parking - Cry will assist in decreasing on - street parking at agreed locations in the Stadium area on event dates to help flow of Mettle Any such agreement shall be negotiated as part of the Disposition and Development Agreement. Said agreement should balance the needs of Me surrounding businesses with Mose of Me Stadium. City shall consider on - street parking regulations which allow the usage of an envelope system which gives Three Dollars ($3,00) per vehicle to Developer and One Dollar ($1.00) par vehicle to City. The refusal to implement such an envelope system shall not be grounds for termination of this Agreement or a refusal to proceed with the Project City shall also consider meter and time zone enforcement during events with Three Delete ($3.00) per parking violation going to Developer. Said citation system shall be subject to applicable laws and agreements particularly those subject to current litigation with the County of Fresno. (ii) Off.Stmet parking - enforce parking lot standards on Private lots charging parking fees on event days. K61 (3) Implement a sound ordinance to allow for stadium event sound levels. (4) The City will consider the adoption of measures to prohibit the sale of any unlicensed merchandise/souvenir Items within the Area of Influence. (5) Project Manager - The City Manager shall appoint a City Project Manager who will be available to usher the project through the construction process. (6) Term of Agreement - City shall grant Developer an exclusive agreement until November 2. 1994 to develop remaining elements of Me Project. (7) Event Parking - City and Agency agree to consider the creation of a Special Event parking tee of $4.00 per vehicle for all panting facilities on property owned by the City or the Agency. Revenues would be shared with the Developer for the repayment of private investment and ongoing maintenance of the stadium, in the following manner: the Developer will receive $3.00 and the City $1.00. This fee structure shall be incorporated within the Disposition and Development Agreement. This Disposition and Development Agreement considered by the City shall include the following elements: (i) The Special Event paddng fee may only be changetl not more frequently Man once every five (5) years. The parties shall meet and confer before the Special Event parking fee is 21 changed, and shall consider among other relevant factors, whether the City's share of parking revenue is sufficient to pay the City's cost of operating and maintaining the packing facilities on account of Special Events and whether the Increase of the Special Event parking fee will have a material adverse affect on the attendance at Special Events. After the parties have met and conferred, the City may increase the fee by No amount (if any) to which the partes have agreed, or if the pates have not agreed, than by an amount determined by the application of the fallowing formula: The Consumer Price Index Urban Wage Earners and Clerical Workers (base years 19821984 = 100) for San Francisco - Oakland - San Jose CSMA, published by the United States Department of labor, Bureau of Labor Statistics (the'Index% which is published most immediately preceding the date of change ('Recalculation Index') shall be compared with the Index in effect on the date of Me D&DA or the date on which the Special Event parking fee was last changed, whichever is later (the Teas Index'). If the Recalculation Index is higher than the Base Index, the Special Event parking fee shall be set by multiplying the Special Event parking fee In effect before the change by a fraction, the numerator of which is the Recalculation Index and the 22 denominator of which is the Base Index, and rounding Me product to Me nearest whole quarter. It the Index is changed so that the base period differs from 1902-1984, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If Me Index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially Me same result as would be obtained it the Index had not been discontinued or revised. The Special Event parking fee shall not be reduced. If Me Special Event parking tee is increased, Me increased fee shall be apportioned in the ratio: City -1: Developer --3. (ii) The Special Event parking fee wilt be applicable for Me life of the stadium or thirty (30( years, whichever occurs first. SECTION ]. PUBUC IMPROVEMENTS. It Is mutually understood by Me parties that Me City may form any necessary improvement districts to construct required public improvements for the Project under this Agreement or Me subsequent Disposition and Development Agreement, provided Me Agency enters into an Agreement with Developer whereby Me Agency shall pay any assessments related thereto from available funds. Nothing precludes the right of developer to protest Me assessment through normal protest procedures. Nothing shall Impar Me ability of the City, or its subsidiary special assessment districts, from PSI denying any approval for which a public hearing is required. The payment for the Infrastructure in question shall be subject to available funds. This Redevelopment Agency obligation to construct infrastructure shall apply only to facilities in the public right-of-way such as streets, sidewalks, sewers, water lines, etc. Any connections of this public infrastructure to the property of Developer shall be paid for by Developer, except for connection fees, which are provided for in Section 6(g) and Section 12 of this Agreement. Nothing herein shall prevent the City or Agency from looming subsequent Assessment Districts for the purpose of future infrastructure construction or for any other assessment purpose. Except for Me infrastructure improvements herein enumerated, Developer shall be required to pay all future assessments as required of other landowners or persons similarly shunted as required by law. Neither this Agreement nor any future Disposition and Development Agreement shall restrict the ability of Me Cly or Agency to assess stadium parcels in Me same or similar manner as other parcels. SECTION 8. CONDITIONS. (a) Environmental Audit. The Agency has obtained a qualified consultant to conduct a level II environmental audit of all parcels within Me Project. In Me event such audit discloses Me contamination by hazardous or toxic substances, Me Developer may elect to proceed with Me Project on such terms as Me parties may mutually agree prior to Me transfer of such pamel to Me Developer. Agency shall not be required to spend any more Man the amount of $750,000 on environmental assessments and/or clean-up casts. Any *I agreement between me parties shall give Developer the rights to elect either to pay all clean-up costs over and above the $750,000 Purchase Price or to withdraw from the Agreement. Said decision to terminate shall be based upon an estimate received from the qualified environmental consultant. Clean-up costs shall Include all remediation costs both on-site and off-site necessary to remedy the contamination under applicable standards. (b) Failure to Approve Site Plan. In the event the Agency or Ciry falls to approve Developer's site plan consistent with the Project Description or a modification acceptable to the Developer, the Developer may terminate this Agreement or any Phase of the Project negatively impacted by such failure. (c) Failure to Modify Plans and Adopt Ordinances. In the event the Agency or the City fail to modify or amend the applicable Urban Renewal Plans or general plan within a reasonable time to permit the development of the Project, the Developer may notify the Agency and Cdy, In writing of its Intent to terminate this Agreement. The obligation of Developer to purchase the property is subject to the Ciryry's adoption of ordinances and measures with respect to ticket scalping, unlicensed merchandise and parking revenues that are, in the judgment of Developer and Developers financiers, sufficient to protect and generate revenues consistent with Developer's financial projections. (d) Termination of Agreement for Failing to Grant a Discretionary Approval Neither the Agency or the City shall be liable for any monetary damages to Developer, Its successors or assigns for any termination or 25 modification of this Agreement due to the failure of me City or Agency to grant a necessary approval on a matter subject to a discretionary approval. SECTION 9. PERIOD OF DURATION OF COVENANT ON USE. The covenant pertaining to the uses of the Property located within the Central Business District Urban Renewal Plan, set torah in Section Q1 (a) of Part II (Form HUD -6209B, 9-69) recorded in the office of the County Recorder in book , page _ of Official Records shall remain In effect from the date of the Deed or Deeds unfit the period specified or referred to In the Central Business District Urban Renewal Pian, on which date such covenant shall terminate. SECTION 10. NOTICES AND DEMANDS. A notice, demand, or abler communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personalty; and (a) In the case of the Developer, if addressed or delivered personally to the Developer at 1231 'N' Street, Fresno, California 93721; and (b) In the case of the City or Agency, If addressed to or delivered personally to the City or Agency at 2600 Fresno Street. Fresno, California 93721 or at such other address with respect to either such party as the party may, from time to time, designate In writing and forward to the other as provided in this Section. Personal delivery to the offices of the City Manager, City Attorney and City Clerk shall be effective delivery. SECTION 11. SPECIAL PROVISIONS. (a) Anti -Discrimination Covenants. The Developer herein covenants by and for itself. Its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, and, religion, sex, marital status, national origin, or ancestry, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall fire Developer itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land. The foregoing provisions shall be binding upon and shall obligate the contracting party or partes and any subcontracting party or parties, or other transferees under the Instrument. (b) Deeds. The Deeds) conveying the Property, or any portion thereof, shell contain the covenants in subsection (a) of this Section. (c) Losses. My lease of Ne Property, or any portion thereof, shall contain the covenants in subsection (a) of this Section. SECTION 12. UTILITY RELOCATION COSTS. This Agreement contemplates recognition by affected utility companies that this Project is considered he be a'Franchise Project' under applicable utility relocation agreements. As a'Franchise Project; the affected utility companies will be required to pay for relocation of utility lines within time constraints herein referenced. Pxf SECTION 13. PARTIES NOT PARTNERS. Nothing in this Agreement is intended to create a partnership or joint venture between or among any of the parties hereto. SECTION 14. GOVERNING LAW. This Agreement shall be interpreted, and the rights and duties of the parties hereto (both procedural and substantive) shall he determined according to California law, except where applicable federal law or regulations apply. In the event that legislation is adopted which substantially impairs the ability of the paNes to meet their obligations under this Agreement, the paNes shall undertake goad faith efforts to renegotiate this Agreement. If, after such renegotiation efforts are not successful. any parry may terminate this Agreement. SECTION 15. COUNTERPARTS. This Agreement may be executed In counterparts, each of which when executed and delivered shall be deemed an original and together shall constitute one and the same instrument. 11/ /// ED IN WITNESS WHEREOF, the Agency and the City have caused this Agreement to be duly executed in their name and behalf by the Ex -Officio Director and City Manager, respectively, and the City seal to be hereunto duly affixed and attested by the City Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf, on or as of the day first above written. ATTEST: JACQUELINE L. KYLE ExAdficio Clerk for the Redevelopment Age �ey of the City of Fresno ( ) Byt6�«.(. .e(esy4. Oequty APPROVED AS TO FORM: JAMES P. LOUGH, Ex -Officio Attorney for the Redevelopment Agency of Me TYesno; and then D} Fresn< FRESNO DIAMOND GROUP, a California corporation By REDEVELOPMENT AGENCY OF THE CITY OF FRESNO Michael A. Bierman Ex -Officio Executive Director of the Redevelopment Agency of Me City of Fresno CITY OF FRESNO By Michael A. Bierman EXHIBITS A Project Descripbon B Project Area and Property Description C1-C3 Option Agreements D Grant Deed Form E Project Process Schedule and Milestones RD] EXHIBIT "A" PROJECT DESCRIPTION The sports/entertainment stadium project is to be developed on the approximately I l -acre area depicted by Exhibit "B" and generally bound by Tulare. Broadwayf'H", and Inyo Soviets and the Fulton/Broadway alley. The project site's size and configuration may be greater or lesser than the site provided by the Fresno Redevelopment Agency, subject to the incorporation of additional parcels through separately negotiated acquisitions, lease agreements or owner participation agreements. The sports/entertainment stadium facility is to be designed and constructed sufficient to host baseball, football and other outdoor athletic, concert and entertainment events conducted both during daytime and nighttime hours; contain a spectator seating capacity of 15.000 for baseball events and 10.000 to 20,000 for concerts and other entertainment events, and may include skyboxes or other special viewing or seating accommodations; and, include related stadium and operational facilities consisting of stadium club restaurant, retail spaces (i.e. souvenir gift shops). concessions, stadium and team administrative offices, warehouse and maintenance buildings, home and visitor locker rooms, football locker room. weight training room, concert stage and dressing room, loading and staging area, event lent area with adjoining commissary and player/employee puking lot. All buildings, structures and improvements constructed on the stadium project site shall be consistent with the site plans and architectural elevations approved in accordance with applicable standards, policies and procedures of the City of Fresno and the Fresno Redevelopment Agency. onuoau.ms MARE STREET FRONTAGE PPOPERTES MAY BE ACOUREO BY OEVEOPER OR MAY BE COTVEYEO TO OEVROPER R ACOURED BY AGENCY THROUGH NEGOTIATED ACOUSITION Ti It nnC INYO EXHIBIT °B" AGREEMENT FOR PURCHASE OPTION AND RIGHT OF ACCESS This agreement made this 1ZAday of -ywysr 1993. by and between Thanh Day Vo. hereafter referred to as "Owner"(s) and the Redevelopment Agency of the City of Fresno, hereafter referred to as "Agency", pertains to real property located at 844 Broadway in the City and County of Fresno, also known as Assessor's Parcel Number 468-284-23. as Shown on the attached Exhibit "A". RECITALS WHEREAS. Ownens) hold fee tide to real property located at 844 Broadway, Fresno. California (hereafter. the subject Property"); and WHEREAS. Agency is interested in the development of a baseball stadium to the test of the intersection of Tulare and Broadway Streers; and WHEREAS. Agency desires to acquire an exclusive option to purchase Subject Property for fair market value at such time as it may exercise its option during the term hereof; and WHEREAS, Owner(s) desire(s) to give Agency such a purchase option. for valuable consideration as hereafter set forth; and WHEREAS. Owner and Agency believe that it is in their common interest to enter into this Agreement concerning the Subject Property. NOW, THEREFORE. the parties agree as follows: Section 1: Aereement For Purchase OoCon. Owner hereby grants to Agency the EXHIBIT C"I exclusive right to purchase the Subject Property at its fair market value to be determined by an independent appraiser as of the dale of exercise of this option. or as otherwise determined by an agreed arbitrator Section 2: Omion Period. The option period created by this Agreement shall remain in effect for twelve (12) months from the dam of execution. Section 3: Consideration For Option and Right of Access. The Owner shall receive payment in the amount of FIVE HUNDRED DOLLARS (5500.00) within 30 calendar days following the date this Agreement is formally approved by the Agency. If, for any reason. this Agreement is not approved by Agency's Hoard of Directors, no payment shall be nude to the Owner and this Agreement shall be of no force or effect. Section <: Assignment. The parties agree that their respective interests in this Agreement shall be assignable to a thud parry, provided reasonable prior notice of assignment is given and the Assignee expressly agrees to comply with all comms of this Agreement. Section 5: Right of Access Aoonisal. Owner hereby grants the Agency, its agents or assigns, access to the Subject Property on 34 hours' prior notice and further agrees to allow access to enclosed or lacked areas. Any damage to the property caused by Agency. its agents or assigns. will be repaired by Agency. Site visits will be done in a manner which will not interfere whh Owner's (or Owner's tenants') use of the Subject Property. During the period of this option. Agency shall have the right to, at its sole expense. conunission an appraisal of Subject Property by a professional real estate appraiser to determine its then fair market value. Section 6: Warranties. Owner warmmies he/theyfit own the Subject Property and has/have marketable and insurable fee simple title to the Subject Property. Section 7: Completion of Purchase: Purchase Price. In the event Agency elects to exercise its purchase option. Agency shall: (a) Notify Owner in writing of its decision to exercise the option. (b) Within 10 days thereafter, submit a written offer to purchase the Subject Property for the price established by the appraiser commissioned by Agency. (c) Notify all nonresidential occupants of the Subject Property of eligibility for relocation assistance benefits and payments, as of the purchase offer date. as provided pursuant to Section 7260 of the California Government Code. No housing is being acquired and no payments to parties claiming residential tenancy will be trade. (d) Utilize the standard 'Offer of Sale of Land", a copy of which is attached as Exhibit 'B'. Upon opening of an escrow. Agency shall also pay all escrow and tide insurance fees but shall not be responsible for payment of recorded liens, encumbrances. or delinquent taxes, if any. Section S: Owner Option To Contem Appraisal Arbitration If the Owner(¢) disagree(s) with the offered purchase price of the Subject Property as established by the real estate appraiser commissioned by Agency pursuant to this Agreement. Owner(s) may commission his/their/na own appraisal of Subject Property and thereafter negotiate with Agency for a different sale price. Owner(s) and Agency agree. however, that if no F agreement is reached on a sale price. Owner(s) will sell and Agency will purchase Subject Property at a price to be determined through binding arbitration before an arbitrator who shall be certifsed by the designation of "Member of the American Institute of Real Estate Appraisers of the National Association of Real Estate Boards." Said arbitrator shall be selected by the parties. from among those MAI's who have offices in the City of Fresno. Section 9: Time of the Essence. It is expressly agreed by the parties hereto that time is of the essence to. this Agreement. Section 10: Entire Agreement. This Agreement, with attachments, consulates the entire agreement between the parties, and this Agreement supersedes any oral statements by either party unless amended. modified. supplemented or terminated except as set forth herein unless each of the parties hereto consents in writing. Section I1: Attomev's Fees If any legal action or proceeding, other than the valuation of the property, arising out of or relating to this Agreement is brought by either party, the prevailing party shall be enuded to recover from the other parry in addition to any other relief that may be granted, reasonable attorneys' fees. costs and expenses. Section 12: Binding Effect The provisions of this Agreement shall bind the respective, heirs, executors, personal representatives, administrators. successors and assigns of the parties hereto. Section 13: Further Assurance. The parties hereto agree m execum any additional documents that may be necessary to effectuate the intent and purpose of this Agreement PROPERTY OWNER REDEVELOPMENT AGENCY OF THE CRY OF FRESNO By -- i By Thanh My Vo. caner MARLING ADDRESS: 1235 East Barstow Avenue Fresno. CA 93710 ATTEST: Jacqueline L. Ryle City Clerk By VVnAACS APPROVED AS TO FORM: James P. Lough City Attorney By ae 2W. LL� City at DRAWN BY a< DATE `LAA F=:MCCP=.��� CHK'D 6Y: —DATE_ " Department Of Economic Resources Pnce No.! EXHIBIT A PARCEL 1411. NIA. o PI1011'A:1'H0, MIIIIW NII, OFFER OF SALE OF LAND 1 11 CIO Ulbook FLOP PUP, UP wilign 1101 4OLok PUP. S. POP, UP Or 1. 1 = OF PUFF popPOPUP11 P PUPOOPUP Ilor POP OPK 14 , UP OF PUM "OUP Fo Fitar, list A"" ::.T"�n..r.I" r.�.:+ UUU UUU:iv. ��u�U.. m.. 11. litto too 1. n..r.n.I AGREEMENT FOR PURCHASE OPTION AND RIGHT OF ACCESS Tbis agreemen4 made this 15 -N., day of 0 ctv> Ln .1993. by and between PATCO. Inc., a California Corporation. H.M. Paml, VmjW Chardava, and Rhovanbh d Bavariya, hereafter referred to as'OWNER'(S) and the Redevelopment Agency of the City of Fresno, hereafter referred m as "AGENCY", pertains to real property, a motel building and arbor improvements, located at 866 to 888 Broadway, in the City and County of Fresno, also known as Assessor's Parcel Number 468-286-24, as shown on the attached Exhibit 'A'. RECITALS WHEREAS, OWNER(S) hold title to real property improvements on leased land located at 866 to 888 Broadway. Fresno, Califomia (hereafter, "the subject property"); and WHEREAS. AGENCY is interested in the development of a baseball stadium to the east of the intersection of Tulare and Broadway Streets: and WHEREAS. AGENCY desires to acquire an exclusive option an purchase Subject Property for fair market value at such time as it may exercise its option doting the term hereof: and WHEREAS. OWN'ER(S) desires) to give AGENCY such a purchase option, for valuable consideration as hereafter set foNu and WHEREAS, OWNER and AGENCY believe that it is in their common interest to enter into this Agreement concerning the Subject Property. NOW, THEREFORE, the parties agree as follows: Section l: Armament for Purchase Option. OWNER hereby grooms to AGENCY the exclusive right at purchase the Subject Property at the price of ONE MILLION TWO HUNDRED THIRTY THOUSAND SEVEN HUNDRED DOLLARS (81230,700). Section 2: Onion Peria4 The option period created by this Agreement shall remain in effect for twelve (12) months from the dam of execution. Section 3: Consideration for Option and Rieht of Access. The OWNER shall receive payment in the amount of FIVE H MRED DOLLARS ($500.00) within 30 calendar days following the dam this Agreement is formally approved by the AGENCY. If, for any reason, Nis Agreement is not approved by AGENCY'S Board of Directors, no payment shall be made to the OWNER and this Agreement shell be of no force or effect law Do a m — roc 1 EXHIBIT C-2 Section 4: Assignment. The parties agree that asw respective interests N this Agreement shall be assignable an a third party, provided reasonable prior notice of assignment is given and the Assignee expressly agrees to comply with all terns of this Agreement Section 5: Right of Access: Appraisal. OWNER hereby gmnts the AGENCY. its agents or assigns, access to the Subject Property on 24 hours prior notice and further agrees to allow access to enclosed or locked areas. Any damage to the property caused by Agency, its agents or maigm, will be repaired by AGENCY. Sim visits will be done in a mower which Will not interfere with OWNER'S (or OWNER'S mnans) use of the Subject Property. Section 6: Warranties. OWNER wartimes herthey/it own the Subject Property and hasthave markemble and insurable fee simple title m the Subject Property. Section 7: Completion of Purchase: Purchase Price. In the event AGENCY elects to exercise its purchase option. AGENCY shag (a) Notify OWNER in writing of in decision to exercise the option. (b) Within 10 days thereafter, submit a written offer to purchase the Subject Property for the price established by the appraiser commissioned by AGENCY. (c) Notify all nonresidential occupants of the Subject Property of eligibility for relocation assistance benefits and payments, as of Ne purchase offer date, as provided in Section 7260 of the California Government Code. No housing is being acquired and no payments an parties claming residential m uncy will be made. (d) Utilize the standard 'Offer of Sale of Land", a copy of which is attached as Exhibit "B". Upon opening of an escrow, AGENCY shall also pay all escrow and dile insurance fees but shall not be responsible for payment of recorded Gem, encumbrances, or delinquent taxes, if any. Section 8. Owner Codon to Contest Appraisal Arbitration. OWNER has concluded that the current value of the improvements at 866 and 888 Broadway is $1,230,700 and will accept this amount less any mortgages, Bens, encumbrances and previous years' taxes and assessments as the full purchase price. No arbitration will be necessary uNeas there is a significant diminution of value caused by fire, earthquake, want or other physical fomes. Section 9: Time of the Essence. It is expressly agreed by the parties human that time is of the essence to this Agreement - Section 10: Entire Agreement. ]Tis Agreement, with attachments, comtimns the entire agreement between the parties, and this Agreement supersedes any orad statements by either parry unless amended modified, supplied, supplemented or terminated except as set forth herein unless each of the parties hereto convents is writing. Section I l: Anomevls Fees. B' any legal action or proceeding, other Nan the valnulon of the property, arising out of or relating to Nix Agreement is brought by either parry, the prevailing parry shag be entided to recover from the aNer party in addition to any other relief Nat may he g=md, mmonable attorney's tees, costs and expenses. Section 12: Binding Effect The provisions of this Agreement shall bind the respective, heirs, executors, personal npresenmdves, admirdsuamn, successors and assigns of Ne parties herem. Section 13: Further Assurance. The ponies hereto agree to execute any additional documents that may be necessary to effectuate the intent and purpose of Nis Agreement. PROPERTY OWNER PATCO, Inc. p{ppp{ By: � 4— WBaam Parol, President By: Bhovant arlya By: njla1 Mud= By: M. P MAILING ADDRESS: 1400 Fssbdon island Boulevard, Soue 306 San Mateo, CA 94406 ATTEST: J a" L. Ryle try ma wuxctoIm neme,.lm REDEVELOPMENT AGENCY OF TF♦E CITY OF FRESNO By: I APPROVED AS TO FORM: James P. Lough City Attorney J� J F C ty o! �»ecer�,�,E Department Of Economic Resources F3iIBIT 4. L DRAWN BY: DATE L/�-6 CHKD BY: DATE._ California ASSESSOR'S PARCEL NO. 19� PROIEC OESCRI ON (Hemin referred to at Grantor) OFFER OF SALE OF LAND This Ag cmemr evidencing I. hat refereed n, as'Cce4')_ dn"sibivg Va foLLowiMg rta Pmprny. Vmcimte bar been signal by Ne uvdesigned Grantor. jogen,cr ,iM ,mw insvuNons rtladng Menem. and baaMd m rt(crzedmu'Ua Agev Agent for Ne Redevelapmcm Agency ofVm City ofFnent,01misu0> cy), fw zee<puaes nomaan by die Agency. 2 haz Ne puties have set foM h=lft Ne whole of Neu Mccemens. 3, hat Ne pmetOoc Pelee of aid rta pmp y shall be rhe sum of S� See ma wear of>U Lem. encumbrancer, a"u"ctions, easemeo¢, a teems. delinquml uses, dgbas o[poue5400, Uaime N nd clear a of 4 Hfam and rtcmded zoNor Mnaeoded I¢setald "meas and easements ezrex ris Uvpad tmvEeLvquent pmrerW az of doe of esmow. urbm Remwai nm <. hat all expcosn" of cee ow, eamad ivov of doe sod of momding Ne Dc4 shalt be pad by the Agency, except Me cons of any requited documentary srmm 5. hat in mnsdoadoo of Ne ezcc cot of this apcemem by the Grantor, the Agency vat maniocs On vitlw azof Ne Mt enrmPw m dhow o csc macmcva gen¢a11y amLLar in rbaxt¢, tom owner of rtw pmpeny in Ne tY p perty above dn" ve no 6. TDaz Ne Grantor shall pave no clam or mss of xdov again¢ Ne Ageocy ezept mob x may vise by assoa of Us agmemeve t. Tpat the tights given by Ne Grmrm On Ne Agency hOno, m nclecdve and umv,no Cle. and u my Mme ]mwmiant m fd Deed ccb Ne air Mlder a Nee is and h uared miethe Ageacy may IDs max d eseow PmPm 9 Vp Tl Ne remdazlon of said Lied mown" One Ne Gran ce aba�L becomimmhaw Me Omw 111C bstensold e Mi Idy due Mgtinf 8. Tlu["Mand the Agency not deport aid esww imnMcdOw win, Ne neeow hnidc w Min a Pmol a 120 days tam Ne daze h¢eo[ Vas ago®ent stall amen in inti force NveaRc Moot Ne Granmr 4uV t®none W agmemevt by giving 30 days pdm wdcen nmia to Ne Agency of such t®Imtio4 wbmup the Agency spall Ne Me on 0w insman0m and Deed meiUmi moa 30 days or muco all docomeots ddivard no it by the Grantor. and Nis agreement shall be Of vo lumber cel= Noeafta except as haeiaarter provided liability9. Grmmr the Agent b� u my time pdar m Va mco,n oo a On deed t ..... Ne agreemem and 4 y rttmyng Ne to Gmror all dmumms MCnVCCd tom said Granmr. or said prtmisa Nmugh allow, Ne Agency may u my dme pow m Rmmalov Or mm Ds6 penises by emiamt domaia pmmedivgs, and dx GsaOt nma, m m mml ui �ho m xquhe Lou ezpi Ivo m I=Laoon or Nis ore, Nm Um m mm 1�� P'dmloo audOmuich oval wMve Ne dbmiv mmisshall be Ne 1 pmh PdOmtCMshe embyd ChanuarNilbe Mthe bmweminmt ofsaid pRmisa, ivcialve o(me�e zmabovestared,LL Pdm Ne GamarcxccP dcdmsmap 3. bismakw vum ery inimat Nert10. aNw dm Nose inimesm ezmpm W Paragraph ], Ll. Thi Ions a dmage m Ne pdba u pvpmy, any Impmvemevss Nemov, by GR a ost msviry. amusdvg a b Ne mmNmlav or Ne IkN zhall pe the risk of Granm. li That velum mdm, as mmdoml moi, Agmen w, may be dmvemd pem mUly, m by depaidvg mm LOdm PmPmY addarned N Nc mommy Guvl soma mil in my Pmt Oram or mail box In tow: Cq or Fsemn. Caliromla mwaed ba an eovwope addma Lo Ne PmOv m whom Nc LOdm 4 YJvm and a the tdms spe w below. 13. Gress shat rtmin pm ea{ov or Ne poppy and hula up b m Inclutling Ne due arrtmdadan o[dr Umd All Common. delved Lemm�mbarapied mOPmY upbandimludlvg Ne due Or MOXImOo or Deet spall be and pod t the Gu Alt Rvm ULvM aOm mam -Lmmi l W poppy subsequent m Ne dare Or mcatmon or Dmd shat be paid m Vm GnvRe, Ne Redevclopmca Agency or Ne Ciry or firma. Nemati v be IMMul iv allow by dm dde mmPams Involved in xmmmm MU, supplemcmai arrow Inmamlene xmmPanyiag Nis pansxdon. 14. 1Lis AgR®en[ shall tr biONng upov and ivO+e m Ne bemat or Ne brim, mrt sap. and amgv or Ne pmpvria emero, and am Agmry Y ezpmsslY glum Ne lgk sa mvgv dill agmemcm and im dglus bmm,v IN F1ilYFSS R'fIE]yFOF. Ne pales have aemRe Ws agrtemew Ne dry and Y� am above wdaev. APPROVED FOR FORM AND LEGALITY RECONUE MFOR APPROVAL. NO OPLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNRED AGREEMENT FOR PURCHASE OPTION AND RIGHT OF ACCESS This agreement made this Mf—day of Gi� 1993, by and between WELLS FARGO BANK, N.A.. fcnoerly known as BANK OF AMERICA NT&SA AS TRUSTEE UNDER THE WILL OF TRENE H. DODD. DECEASED, hereafter referred to as'Ownar"(s) and be Redevelopment Agency of the City of Fresno, hereafter referred to as "Agency". penaim m real property subject to an exerting land lease, located at 866 to 888 Broadway in the City and County of Fresno, also known as Assessor's Parcel Number 468-284-24, as shown an be attached Exhibit 'A'. RECITALS; WHEREAS, Owner(s) hold fee title to land, exclusive of all improvements„ located at 866 to 888 Broadway, Fresno, California (hereeften'ale subject Property'); and WHEREAS, Agency u interested in the development of a baseball stadium to the east of the intersection of Tulare and Broadway Simeon; and WHEREAS. Agency desires to acquire an exclusive option to purchase Subject Property for fair market value at such time as it may exemiae its option during be term hereof; and WHEREAS, Owner(s) desire(s) m give Agency such a purchase option, for valuable consideration be hereafter set forth; and WHEREAS, Owner and Agency believe that it u in their common interest ro enter into this Agmemeot concerning be Subject Property. NOW. THEREFORE, the parties agree as follows: 716//cmGaa.w 9� _ E; Igzr�Q- 's._ 1K42 - .:run I EXHIBIT C-3 Section 1: Agreement For Purchase Option. Owner hereby grams to Agency the exclusive right to purchase the Subject Property at its fav mxlxet value w be determined by an independent appraiser U of the dam of exercise of this Option, or as otherwise determined by an agreed arbitrator. Section 2: Option Period. The option period created by this Agreement shall remain in effect for twelve (12) months from the dao; of execution. Section 3: Consideration For Option d Ri2hi of Access. Ibe Owner shall receive Payment in Ne amount of FIVE HUNDRED DOLLARS ($500.00) wild, 30 calendar days following the date this Agreement is formally approved by the Agency. If, for any reason, this Agreement is not approved by Agency's Board of Directors, no payment shall be made to the Owner and this Agreement shall be of no force Or effect. Section 4: Asaimmacmc The parties game that their respective interests in this Agreement shall be assignable to a third party, provided reasonable prior notice of assignment is given and the Assignee expressly agrees to comply with all terms of this Agreement. Section 5: Right of Access;Appraisal, Owner hereby grans the Agency, its seems or assigns, access to the Subject Property on 24 hours prior notice and further agrees to allow access M enclosed or locked areas. Any damage m the property caused by Agency, its agents or margns, Will be repaired by Agency. Site visits will be done in a matter which will not intaGere wiW Owners (or Ownei s tenants) use of the Subject Property. During the period of this option. Agency shall have the right m, at its sole expense, commission m appraisal of Subject Property by a professional real estate appraiser of desrmine its Nen fav market value. Section & Waarnmfies. Owner warranties hdNeyrit own the Subject Property and has/bave marketable and insurable fee simple title to the Subject Property. 7 Section y: Completion of Pu h : purthase price, In the event Agency elects to exercise its Purchase option, Agency shall: (a) Notify Owner in writing of in decision to exercise be option. (b) Within 10 days thereafter. submit a writ¢, Offer to purchase the Subject Property for the price established by be appru'ser commissioned by Agency. (c) Notify all nonresidential occupants of the Subject Property of eligibility for relocation assistance benefits and payments, as of the purchase offer date. as provided pursuant an Section 7260 Of the California Government Code. No housing is being acquired and no payments W parties claiming residential tenancy will be made. (d) Utilize the standard •Offer of Sale of Land", a copy Of which is attached as Exhibit "B". Upon opening of an escrow, Agency shall also pay all escrow and title insurance fees but shall not be responsible for payment of recorded liens, encumbrances, or delinquent Was, if any. Section g: Owner Option To C 1 Arbiamfioft, If be Owner(s) d'¢agree(s) With the offered pmbase price of be Subject Pmperry as established by the real estate appraiser commissioned by Agency pursuant to bis Agmemen4 Owner(s) may commission hNbehPos a" appraisal of Subject property and bereaf er negotiate with Agency for a different sale price. Owoer(s) and Agency agree, however, bar if no agreement is reached on a sale price, Owner(s) will sell and Agency will purchase Subject property at a price to be determined through binding arbitration before an arbitrator who shall be certified by the designation of "Member of be American Intima of Real Fatale Appraisers of be National Association Of Real aurae Boards." Said arbitrator shall be selected by be parties from among base MAI's who have offices in be City of Fresno. 3 Section 9: Time is of the Essence. it is expressly agreed by the parties hereto that time la of the essence to this Agreement Section 10: Entire Agmenum, Thu Agreement, with attumments, consdu tes the entire agreement between the parties, and rids Agreement supersedes any oral statements by either parry unless amended. modified, supplemented or terminated except as set forth herein unless each of the parries hereto comcnta in writing. Section 11: Attorney's Feu. If any legal action or proceeding, other than the valuation of the property, arising out of or relating to this Agreement is brought by either parry, the prevailing parry shall be entitled to recover from the other parry in addition to any other relief that may be granted, reasonable amorneyi fees, casts and expenses. Section 12: Binding Effect The provisions of Nis Agreement shop bind the respective, hens, executors, persoval representatives, administrators. successors and assigns of the ponies hereto. Section 13: Court Approval. Should Agency elect to acquire the subject property, said acquisition is subject to Superior Court appmwal. Section 14: Existine Lease. Should Agency elect to acquire the subject property, said acquisition 6 subject to the existing lease currently in effect on the property or subject to the Agency's acquisition of the leasehold interest in the subject property Section 15: Further Assurance. The paries hereto agree to execute any additional documents that may be necessary to effectuate the intent and purpose of this Agreement PROPERTY OWNER By I A. lent. jes�dem y oa�,r tit �msasm vlum[simrt MAILING ADDRESS: Wells Fargo Hank, N.A. Cenual Valley Real Estate An: Dardel A kith 5262 North Blackstone Avenue Fresno, CA 93710 ATTEST: Jacqueline L. Ryle City Clerk 1 UL&wl 1993 DlH Wuav IIH] REDEVELOPMENT AGENCY OF = CITY OF FRESNO APPROVED AS TO FORM: James P. Lough City Attorney ey - 1 L Gry of DRAWN BY: Dv. DATE. I/f/:►NCHIM BY. Department Of Economic Resources PAGE NC FX MIT A Califomia ASSESSOR'S PARCEL NO. i9-� PROTECT DESCRIPTION (Herein referred to az OFFER OF SALE OF LAND ME Agreement evidences: 1. [Ned referred to u •Deed•), tlesaibin8 Ute tOVOwivg soy yopvny; UmeiMyar ho been signed by Ute undersigned Gnmon. togeVee wiTh esmw imtn noon clang mesoto, and bmtM To referred m a•meAe Agent fon The Redevelopment Agency of me Cley afFrtmo, 0taeimfw 8 aoY•). fe z¢pam¢ a rtddn by the Agency. 2 '[het me putics have ¢t foe0 herein too whole oftbeir agreements. 3. the me pumhac Pde of said soul PmpenY dull be me sum Of sfine ad clew of a111iem, adrModed rtaMlNom, easements, anleamold fiat a; Drd emmt taxa. eghm Olppste-ssioo, ❑wins m tl8ha o(posseuiv= m6rteNWmd/m uvrtcetletl nOomdld ofdors and caw. except Ument vvodelinqucm pmraed u of Wos ofaaow. Umm Reoewy Pim a. lbe aU cxpcvs= of awow, mai"Mod of title and of rtroNiOR me p¢D shall to ped by the ABeecy. emelt me coma of any requited dcamevlay amp& 5. lbat To m oo=td0oo of Ute exe[ndm Of This agreement by The Gnotoe. me Agency wilt ¢venue in e8artve and ofillmm to obtain tt oTha8emms teeger dsimiles miles in chamw. Nom name of sal pmpertY In Ue vitlNry of de real Property ebove davlheq 6. ' me Grantor and love en ywm m mm of MUM again[ the Agency except such a may afse by Inion Of TIME agreement 7. 'Edd me rights given by the Gavin TO the Agency haeuvdee ae Codusin and mronmeWn and a my men within I]0 drys fiom me Tae hmof. or maeafee uwR this nemecnt m dalosteq me Agemt may file aid amew imvomlom and said Deed min de avow Nyder amen mom, and Ivy into The esanw The Pmhae Tors of Tedd MPedy. Upon The recardaTiOM of said Req mow= due me Grmmr shed become coe imenedieelY due and ale. . g. 111x( shad Ver Agcvry not depaid aid avow in booioa wiTh The =Maw holder amount a pemod oI I3) daYs fiom the dee helcot this agreement .map remwn in full force maenlrc untu the Gavmr shall damneder mis agreement by giving 30 days peon wuMeT Mode TO the Agency of men d®loediM Winne oo, the Ageo, shall file Ute mMw lam = and Red wimin said 30 days a soma 91 docnmem ddivaed TO it by me Grmt¢. and this agreement mall be Of no Immo elft The except a haeimR= pmvia4 S. The me Agency mry a my Time pee in Ile te¢Wmon of Ve deed, aminme me agn mem and 0 llffipity TO Grmmr haemda, by returning Ute in ame, dl documents mowed bom aid Gooden la 'Otis even Houghan Agevry my naveaOmpmd dds offer. oevenbelev.ly Em armmplNvg Ne pvcbanO of old pmamm NmmN ugh mow, The Agency may Y any dine p1m m soman m, of mrn D od, PRmlu by emiuevt domain poeeediugs, and Ne firamor agaa, a ant room, ao am,iw tamama Ne exp ndloo a [®imaav of this affm, Naz Inc int mm n the Cont r smu be rude alms survive Ne damav:dai shall b[ am PfOote PtICh Pd to Gmn the Connor snailbe k ft lam aemlveo[ pdm abovesteed. ono aNe Gramm nvebY derJarts to be Ne farmaket noise of aid prtmise, Ial= m a( every Imuea Nisei¢ oNu t y i Nme emcnv enmyted in Pwagrapb 3. l i. mul toss of dmagc m Ne Rel popmy. or Gr lmpov<mcnn Nu[oq by GR m athu casualty, amman pda m Ne rtmmatloa of [IR Iked shall to az Ne tisk of Gaanmr. 12 Thy wOaea and=, as mevdoo a in Nu Agmemm, may he delivcrtd prnomlly, m by dcpaidv6 namDada polawy az 1=wd in the pEiamy uGRd Slates mail In any Pins Omm Or mal box in Ne Gly of Finan. rat 1f®i a Cadm;ed in an envelope Yldsess In me( Otl to whom be intim Is given and m an aaa a;pOOjB{btiaw. 13. Gtm[m snag remiv pmseayov o(Ns papery avvcyrd up [v m iacluGvg Nr. dine of RmNazioa of Ne Dai All Rats derived foal [em t[ Pial ]VOputY up m and aincl Ne udivy Nr. daze of rtammm mi Of shLl h paid pa m traoae¢ NVac ac Go AR m deAveG Rom femawmupiM pmpeRy mbs umu m ftdine of mon,imiov of LW anal be win R Redevelapmem Agency Of Nr. 01Y of FR=O. Remmis will be Manna N es,Ow by Ne dde pante InvOlved is xmmanm wab supplemm n mmow imtmetiom acmmpmylvg this rmsxtlo¢ 14. Thie Alpeemcm shay be Gadivg upon and inuR to tk bevefi[ of Nr. 6Gas, maram, and asagm Of Ne pOPuues hecto, and Ne Agency G ezpmyY &vee tan dgn[ m nationWs agrteman[ and its dghm hemundef. IN Wff S WHEREOF, the Pm'a" have em a no Nis ag¢emcn[ the any and year lint above wvm¢ APPROVED FOR FORM ANO 1.EGA[J[y NO OBUGAMON OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNDFO EXHIBIT "E" PROJECT PROCESS SCHEDULE AND MILESTONES Page 1 TASK DATE I. City Council/Redevelopment Agency Initiation 11/03/93 of project related plan amendments and authorization to prepare Level I Hazardous Substances Evaluation. 2. Receive project description, illustrations 12/03193 and operational statements from stadium developer. 4. Complete Level I Hazardous Substances Evaluation. 1206/93 5. Distribute project entitlements, plan 12/08/93 amendments and environmental assessment request for comment. 6. City Council/Redevelopment Agency authorization to 01/18194 prepare Level H Hazardous Substances Evaluation and stormwater drainage improvement plans. 7. City Council/Redevelopmem Agency acceptance of 02/08/93 Downtown Baseball Stadium Processing Agreement for consideration. S. Complete Level H Hazurdous Substances Evaluation. 03/10/94 9, Complete Environmental Assessment Initial Study 0321/94 and staff analysis of plan amendments and project entitlements. 10. Conduct Housing and Community Development 03/23/94 Commission hearings. Page 1 11. Conduct Planning Commission Public Hearing 04/06194 to consider project related plan amendments, entitlements and environmental findings. 12, Conduct City Council/Redevelopment Agency Public 04/26/94 Hearing to consider project related plan amendments, entitlements, environmental findings, appropriation of funds and disposition and development agreement. 13. Pending project approval, City of Fresno/Redevelopment 04129/94 Agency and Stadium Developer execute the "Disposition and Development Agreement' consistent with "Processing Agreementand conditions of approval. 14. Establish project site demolition, public improvement 04/26/94 and sodium construction schedules identifying timeline for processing all necessary engineering and construction plans and permit applications; the target data for issuance of a building permits; and, daze of project completion. 15. Scheduled close of escrow to convey project site parcels 05/31194 to stadium developer. 401zmanurs Page 2 11. Conduct Planning Commission Public Hearing 04/06/94 to consider project related plan amendments, entitlements and environmental findings. 12. Conduct City Council/Re lcvelopment Agency Public 0426/94 Hearing to consider project related plan amendments, entitlements, environmental findings, appropriation of funds and disposition and development agreement - 13. Pending project approval, City of Fresno/Redevelopment 0429/94 Agency and Stadium Developer execute the "Disposition and Development Agreement' consistent with "Processing Agreement' and conditions of approval. 14. Establish project site demolition, public improvement 0426/94 and stadium construction schedules identifying timeline. for processing all necessary engineering and construction plans and permit applications; the target date for issuance of a building permute and, date of project completion. 15. Scheduled close of escrow to convey project site parcels 05/31194 to stadium developer. 40rroxura Page 2