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HomeMy WebLinkAboutFresno Diamond Group 05091995 2nd Amdt. to Disposition and Development AgmtiIC ,/ s19 (q7 SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT DOWNTOWN SPORTS/ENTERTAINMENT STADIUM The Second Amendment (hereinafter,'Amendment'1 tothat certain Disposition and Development Agreement dated April 26, 1994 (hereinafter, the "Agreement') Is made as of the 9 day of May, 1995 by and among the Redevelopment Agency of the City of Fresno, a public body, corporate and politic, (hereinafter, the 'Agency') the City of Fresno, a municipal corporation (hereinafter, the 'City'1 and Fresno Diamond Group, a California corporation, or Its nominee (hereinafter, the "Developer"). RECITALS A. Developer, the Agency and the City are parties to the Agreement. B. The Agreement provides for the Agency and the City to acquire and sell to the Developer a specified site in downtown Fresno on which the Developer is to construct a Downtown Sports/entertainment Stadium (the'Stadium'). C. The time allotted for the Developer to arrange necessary financing (Section 2 of Agreement) and purchase the subject property had proven to be inadequate, and the parties had agreed to a time extension by First Amendment to Agreement dated October 31, 1994. D. The time allotted for the Developer to arrange necessary financing and purchase the subject property has once again proven to be inadequate. In consideration of Developer's agreement to complete the purchase of a Triple -A Pacific Coast League baseball team, the parties have agreed to a further time extension. NOW, WHEREFORE, in consideration of the promises and the mutual covenants and agrreEeDmeerntts set fgnh herein, the patties mutually agree that the Agreement be and PRESENTED TO IAPMENT Data Yxt r /995 Disposition hereby is amended as follows: 1. Section 31g) of the Agreement is amended to read: '(e) Closing Date. The Closing Date Is the date on which the Purchase Price shell be paid to the Agency and the Property will be conveyed to the Developer through the escrow established under this Agreement for that purpose. The Closing Date shall ba October 31, 1995, unless extended by City. Agency and Developer. If the escrow is not in a condition to close by the Closing Date, or any extension thereof, this Agreement shall be Immediately and automatically terminated; no notice to any party shall be required in order to affect the termination of this Agreement. City or Agency may extend the Closing Date by notice to Developer, which shall set forth the reason for the extension and the new Closing Date, but the City or Agency may not extend the Closing Date except for reasons beyond the reasonable control of City or Agency. 2. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control in all respects. // 2 The Agreement, as hereby amended, remains in full force and effect. ATTEST: FRESNO DIAMOND GROUP, e California corporation JACQUELINE L. RYLE, Ex -Officio Clerk for the Redevelopment Agency of the City of Fresno Deputy APPROVED AS TO FORM: HILDA CANTO MONTOY, Ex -Officio Acting Attorney for the Redevelopment Agency of the City of Fresno By: By: n L. Carbra ; resident / O REDEVELOPMENT AGENCY OF THE CITY OF FRESNO By: 1tyu"(3, Michael A. Bierman Ex -Officio Executive Director of the Redevelopment Agency of the City of Fresno CITY OF FRESNO By: a,)s w:,,_ Michael A. Bierman City Manager N(� REPORT TO THE CITY COUNCIL May 5, 1995 FROM: MICHAEL A. BIERMAN City Manager SUBJECT: CONSIDERATION OF REQUEST FOR E OF CONTRACT WITH THE FRESNO OI On April 27. 1995, a tray memorandum was the stadium project. The Fresno Diamond letter dated April 21 (attached), the i agreement with the City to October 31, 1 t0 extend the date for an additional yea within the first six-month extension per purchase of a Triple A Pacific Coast Lea memorandum also gave the Council backgro agreement and the number of extensions g has been scheduled for discussion at the One of the major problems throughout the setting Of artificial deadlines. If a baseball in Fresno, it is my opinion the developers/Owners could accelerate the a deadlines will became market driven, not agreement. Therefore, after reviewing the. letter a Diamond Group, it 1s my recommendation t We, of course, will continue to work wit Triple A baseball, but will also disease that has an interest in bringing profess In an effort to be able to evaluate any basis, we will continue to work within t as structured in the current agreements. assembly in the downtown and do various developer/owner will provide a Triple A finance the stadium. City funds will no If the Council determines that the City and constructing a stadium, or that Sing baseball is an option, the Fresno Diamoni opportunity to structure a proposal bassi \�ti\F,I �la�l MR1 AGENDA ITEM NO. COUNCILMEETING as venrwu XTENSION "M MOND GROUP sent to the Council concerning Group (FDG) requested, in a ght to extend their exclusive 995, with FDG having the right r to October 31, 1996, if iod they have completed the gue baseball team. The and information on the Ivan to this point. The issue May 9 Council meeting. Public discussion has been the 3rket exists for professional t competition among r oval of a team. The some artificial Cate see in an 1 documents of the Fresno r Dot extend their agreement. i them in their quest for and work with any other group tonal baseball to Fresno. and all proposals on anequal is policy direction of Council The City will provide site aublic improvements. The :e seball team and privately be used to build the stadium. Should be involved in financing Le A Or Double A professional 3 Group should be given a I On the new policy direction. -2- COCLUSIONS AND 1. Should the Council extend the agreement with the Fresno Diamond Group? The City Manager's recommendation is, 'No.' 2. Should the City continue to discuss professional baseball with the Fresno Diamond Group? The City Manager's recommendation is, 'Yea.' 3. Should the City open discussions with other interested parties on an equal basis? The City Manager's recommendation is, 'Yes.' 4. Does the Council want to change policy direction on Triple A baseball or City participation in the construction of astadium? 5. If policy changes are made, should the Fresno Diamond Group be allowed to submit aproposal based on that new direction? The City Manager's recommendation is, 'Yes.'- Attachment Yes." Attachment T= hzsn DD�iaND GROUP April 21, 1995 Mr. Michael A. Bierman City Manager City of Fresno 2500 Fresno St. Fresno. CA 93721 RE Request for Extension of Disposition and Development Agreement Dear Mr. Bierman: The Fresno Diamond Group (FDG) requests that fine Disposition and Development Agreement (D&DA) be amended to allow FDG a reasonable amount of additional time within which to complete the pre -development activities that are required before the dose of escrow for the purchase of fine stadium site. The present date for fine close of escrow under the D&CA is April 30, 1995. We request that the date for the dose of escrow be extended until October 31, with FDG having the right to extend the date for an WtlPoonal year--unfil October 31. 1995—if within the first six-month extension period FDG has completed the purchase of a Triple -A, Pacific Coast League baseball team and has furnished evidence of the purchase to the City and the Agency. You are aware that I cannot publicly disclose the details of FOG's negotiations for fine purchase of a Team. However, I have kept you informed of FOG's progress, and you are aware that we are justifiably confident in our ability to complete the purchase by October 31. 1995. You are also well aware of the linkage between the purchase of the team and the feasibility of financing the construction of the stadium. We need a reasonable period of time after the team purchase Is complete and unconditional before we can complete financing arrangements for the stadium. The financing of the stadium is a large and complex financing matter by any test. The fad that Interest rates have soared from the time when the D&DA was negotiated until now makes the financing all the more difficult. Under the circumstances, the extension that is being requested is very reasonable. 1231 n STREET • FEEsrva. CA 93721 • (209) "2.1994 - FAX: Mel 264 0795 Mr. Michael Bierman/FDG page 2 •4/21/95 Factors that should concern all parties' 1. If the Agreement is allowed to lapse we would have to begin the process again. To allow 3 years of our time and expense, City staff time, and negotiations with financial investors to come as far as we have only to become void would be wasteful. Were the City to begin again with some other group the CUP, findings, tests, hearings, stadium renderings, etc. would be nullified and would all need to be redone. I believe this would take a good years worth of time. 2. Of most importance, our exclusive negotiating position In Its present nate would be damaged grievously. Not only would the Fresno Diamond Group be subject to the loss of this opportunity but the entire Fresno community would not be allowed the success it deserves. 3. It Is possible that the California League will attempt to put a Single -A baseball team in Fresno, which would be up Me territory and Fresno would be relegated to Visalia, Stockton. Modesto, Bakersfield and Adelanto type cities as visiting teams. This would greatly damage the possibility of Triple -A baseball coming to Fresno as Me -temtory' would have to be drafted. The last Single -A territory drafted was Salt Lake City and it con the owner of the Triple -A team in excess of $3 Million to put Triple -A baseball in a Single -A controlled territory. 4. The fans of baseball, concerts, soccer and high school football, who have supported the Fresno Diamond Group and the Fresno Stadium with their depdsas, letters; and encouragement warrant the return support of City leadership. 5. This project has earned the right to succeed and it Is a golden Opportunity to show that the City of Fresno, working with private enterprise, can be suwessful in completing a difficult job. fi. The Fresno Diamond Group has not asked the City of Fresno for any financial commitMent and, in two years time, is on the verge of a success that will have a major Impact on the future of Fresno. We would appreciate this extension being recommended by the City Manager. Thank you. BBeatBeatregards, Car ray President cc: Cad Motschiedler JLC/ss