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HomeMy WebLinkAbout29A - NEXUS DEVELOPMENT AGENCYREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 30, 2012 TITLE: TITLE DEMAND PAYMENT FROM THE REDEVELOPMENT AGENCY IN THE AMOUNT OF $956,173.73 FOR NEXUS PERMIT FEE DEFERRAL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Demand payment from the Community Redevelopment Agency to the City of Santa Ana for deferred fees in the amount of $956,173.73 for the Nexus project, pursuant to Section 2-618 of City of Santa Ana Municipal Code. DISCUSSION In June 2006, the Agency authorized an obligation agreement to cover a portion of the City building permit fees with Curtis R. Olson, an individual representing the Nexus Development Corporation (Lake Towers Project), which consisted of two (2) high-rise luxury condominium towers in MacArthur Place. On August 3, 2009, the Agency authorized the Second Amendment and Restated Obligation Agreement to extend the terms of the Promissory Note to June 2022. The Olson obligation provides for repayment to the Agency pursuant to a Promissory Note, which will remain in effect. Section 2-618 of the Santa Ana Municipal Code provides for the deferral of city fees until such time as the City Council may demand payment. Therefore, it is recommended that the City of Santa Ana demand payment by the Agency in the amount of $956,173.73 for the fees deferred, plus interest, for this project. 29A-1 Demand Payment - Nexus January 30, 2012 Page 2 FISCAL IMPACT Funds in the amount of $956,173.73 are appropriated in the Redevelopment Capital Projects account (no. 57018830-66220) and will be received by the City's Trust Fund account (no. 09801001-24009). APPROVED AS TO FUNDS AND ACCOUNTS: Trevino Executive Director Planning & Building Agency Francisco Gutierrez ' Executive Director Finance & Management Services Agency JMT/VU/mlr 29A-2