HomeMy WebLinkAbout1990-08-14 - AGENDA REPORTS - EXCLUSIVE NEG AGMT PRICE CLUB (2)r
AGENDA REPORT
City Manager Approval
Item to be presented
NEW BUSINESS George Caravalho
DATE: August 14, 1990
SUBJECT: AGREEMENT TO NEGOTIATE EXCLUSIVELY
Resolution Number: 90-161
DEPARTMENT: City Manager
BACKGROUND
For the -past two years the City has been attempting to secure a location and an
agreement with the Price Club to locate a facility within the City. We have met
with various real estate brokers, property owners and developers: From the
beginning, we attempted to find a location which would maximize the value of a
Price Club by having it become an anchor for other retailers, something in
excess of 30 acres. After considerable negotiations, we are pleased to announce
to the Council that with its approval we are now prepared to negotiate the terms
and conditions.of an Annexation and Development Agreement.
The property we have located is a 35 acre site owned by First Financial Group,
Inc., located on Via Princessa between the freeway and Sierra Highway. It is
zoned commercially but requires annexation to the City which we do not
anticipate will be a problem.
We have developed an "Agreement to Negotiate Exclusively" which all parties must
sign in order to negotiate an Annexation and Development Agreement. That
Agreement gives us: 60 days to negotiate an ADA that will develop a minimum
100,000 square feet building with parking for 850 vehicles; the remainder of the
Site will also be developed for commercial use; that the Price Company will
purchase the property for $11.50 per square foot from First Financial, and the
City will acquire public improvements from First Financial in the amount of
approximately $2.7 million; the financial obligation of the City will be paid
entirely from sales tax revenues generated from the Price Club and will not be
paid from any current or existing revenue source; Price Company agrees to stay a
minimum of 5 years on that site or pay to the City any shortfall differential
between what the City has collected in sales tax and the $2.7 million.
It is estimated that the amount of sales tax generated to the City from the
Price Club over that five-year period will be over $4 million and from the
entire development, over $6.5 million.
That the City Council approve Resolution No. 90-161, which is an Agreement to
Negotiate Exclusively (described in "Exhibit A") with the Price Company and
First Financial Group, Inc. in an effort to enter into an Annexation and
Development Agreement.
ATTACHMENT:
Report on the PrAcdoOedAg e rnt to Negotiate Exclusively Agenda Item:
P
REPORT ON THE PRICE CLUB
AGREEMENT TO NEGOTIATE EXCLUSIVELY
The City Council has indicated its interest in expanding its sales tax base and
has directed the City Manager, through the City's Economic Development activity
to carry out that desire. Toward that end, last March the City contracted with
Stan Greene to provide economic development services for the City to
specifically secure an agreement with the Price Club.
Scope of Project
Since that time Greene has met with the Price Company to determine both their
desire and under what conditions they would locate a facility within the City,
which were:
o approximately 15 acres
o land cost not to exceed $10 per square foot
o construct 100,000 square foot concrete tilt -up building
o freeway access or at least close proximity to freeway
Land Assembly
Once the scope of the project was determined, Greene began an investigation as
to the availability of property for such a development.
He met with various real estate brokers, property owners and developers. From
the beginning, we attempted to find a location which would maximize the value
of a Price Club by having it become an anchor for other retailers. Since the
Price Club requires approximately 15 acres, we looked for something in excess
of 30 acres. While a few were located, problems of access, costs relating to
the property or offsite improvements, and timing for development, continually
became a factor in locating the right property.: However, after considerable
negotiations, we are pleased to announce to the Council that with its approval
we are now prepared to negotiate the terms and conditions of an Annexation and
Development Agreement.
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First Financial Property
The property we have located is an approximate net 35 acre site owned by First
Financial Group, Inc., located on Via Princessa between the freeway and Sierra
Highway. It is zoned commercially but requires annexation to the City, Since
it lies west of the Freeway and is substantially surrounded by the City, it is
not anticipated that annexation will be a problem. While the property has a
market value of $18 per square foot, we were able to negotiate the price to
$15.50 per square foot. At the same time, we were able to negotiate the Price
Company up from their requirement of $10, to $11.50 per square foot.
Aoreement to Ne0otiate Exclusively
Together with the assembling of the land for the Price Company, the City, the
Price Company and First Financial have developed an "Agreement to Negotiate
Exclusively" which all parties must sign in order to negotiate an Annexation
and Development Agreement. The conditions of that Agreement are:
1. A 60 -day period to negotiate an agreement regarding the annexation,
acquisition, and development of the Site.
2. A minimum 100,000 square foot building will be constructed with
available parking for 850 vehicles for the purposes of a Price Club.
3. That a substantial portion of the remainder of the Site will be
developed for commercial use.
4. Within 30 days the Price Company will submit a Site Plan and provide
information regarding averageannual sales at Price Clubs.
5. Within 30 days First Financial will submit a Site Plan for the
development of the remainder -of the property, a preliminary public
improvement plan and a estimate of costs for each improvement.
6. That the Price Company will purchase the property for $11.50 per
square foot from First Financial and the City will acquire public
improvements from First Financial in the amount of $2.7 million.
This equates to the $4.00 per square foot differential between the
purchase price ($11.50) and the price that First Financial wants for
the property ($15.50).
7. The financial obligation of the City will be paid entirely from
sales tax revenues generated from the Price Club and will not be
paid from any current or existing revenue source. A financing
mechanism will be established,
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8. Price Company agrees to stay a minimum of 5 years on that site. If
they should cease operations prior to the end of the fifth year,
they shall pay to the City any shortfall differential between what
the City has collected in sales tax and the $2.7 million.
9. None of the parties will oppose annexation to the City.
10. The negotiated ADA will only become effective when the City Council
considers and approves the Agreement after a public hearing.
11. This Agreement is not binding on any party but is merely an approval
to enter into a period of exclusive negotiations for the purpose of
entering into an ADA according to the terms and concepts presented
in this Agreement.
Impact on City
In an effort to support our -ever-increasing service requirements, the City
established a course to actively encourage businesses and industries which
would benefit the community to locate here. Because of.the competition among
all cities in this nation who are attempting to attract the same companies,
success requires innovation, attitude and "one-upsmanship." This project
reflects a well-balanced combination of those characteristics. Having a Price
Club in our City will provide nearly 200 new jobs, and as a revenue generator,
should bring in to the City Treasury well over $ 1 million a year after the
City's participation in the project is fulfilled. There are very few
activities that have the potential to generate such a large source of City
revenue with such a minimal impact on the environment.
Because of the benefit to the community, the City is proposing, in effect, to
joint venture this project to entice the Price Company to Santa Clarita. What
we propose is not unique to competing cities, in fact it appears to be the norm
where land or development costs are extremely high as they are in Santa
Clarita. We are proposing a financial incentive to the Price Company by buying
down the price of the land by acquiring the off-site public improvements. This
incentive of about $2.7 million will not come out of the City Treasury, but
will come out of sales tax generated by that business—which would not
otherwise come into the City, and will be recovered in less than 4 years.
Sales Tax Estimates
1st Year 2nd Year 3rd year 4th Year 5th year Total
Price Club 747,500 784,875 824,119 865,325 908,591 4,130,410
Other Retail 436.645 458.477 481.401 505.471 530.7452 2.412,739
Total income 1,184,145 1,243,352 1,305,520 1,370,796 1,439,336 6,543,149
(65% of Price Club sales are taxable)
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It is our feeling that we have negotiated the best agreement in light of the
.conditions and limitations of the various parties. We feel that both First
Financial and the Price Company have stretched a great deal to make this
project work. We hope this meets with your Council's approval and support.
OWN
-- _._...Oak
RESOLUTION NO. 9d -/(Y
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
APPROVING AN AGREEMENT TO NEGOTIATE
EXCLUSIVELY BETWEEN THE CITY OF SANTA
CLARITA, THE PRICE COMPANY'AND CP
SHOPPING CENTER PARTNERS.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
RESOLVES:
SECTI I: The Council of the City of Santa Clarita
approves the Agreement to Negotiate Exclusively between the
City of Santa Clarita, the Price Company, and CP Shopping
Center Partners.
SECTION 2 The City Manager is authorized to
execute the Agreement to Negotiate Exclusively on behalf of
the City of Santa Clarita and the City Clerk shall attest to
the City Manager's signature.
SECTION 3 The City Clerk shall certify the
adoption of this Resolution.
ATTEST:
PASSED, APPROVED AND ADOPTED this day of
14_.
CITY CLERK
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of SANTA
CLARITA at a regular meeting thereof, held on the day
of , 19_, by the following vote of the
Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
APPROVED AS TO FORM AND CONTENT:
CITY ATTORNEY
dch:RES11237