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HomeMy WebLinkAbout041805 First Implementation Agmt DDA Crevier Motors ExpansionREQUEST FOR AGENCY ACTION Qyucauon Iet AGENCY BOARD MEETING DATE: AGENCY SECRETARY USE ONLY: APRIL 18, 2005 TITLE: FIRST IMPLEMENTATION AGREEMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT - CREVIER MOTORS, INC. EXPANSION RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the Agency General Counsel to prepare and authorize the Executive Director to execute the First Implementation Agreement to Disposition and Development Agreement for the Crevier Motors, Inc. expansion. DISCUSSION On July 19, 2004, the Community Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Crevier Motors, Inc. and Donald J. Crevier, as Trustee of the Donald Crevier Trust, for the expansion of the Crevier BMW dealership at the Santa Ana Auto Mall. The DDA called for the Developer to purchase approximately 4.23 acres or 184,597 square feet of land from the Agency at $20 per square foot or $3,691,940. The proposed facility consists of approximately 170,066 square feet of service, sales and office space and a five - level, six - tier, approximately 730 -space parking structure. The project is proposed to be built in three successive phases, each taking approximately one year to complete. The construction of the Phase I parking structure on Parcel A is underway, and the new showroom and office area will be constructed as part of Phase II on the second parcel to be conveyed, Parcel B. The new sales, service, parts and office addition to the existing BMW building will be built in Phase III on Crevier's existing property. The phasing will allow the dealership to continue its operations without major disruption to sales and service. Due to unforeseen circumstances, it has become necessary to make certain modifications to the DDA. One modification is related to payment of prevailing wage. Pursuant to Sections 411 (9) and 412 (11) of the DDA, Crevier submitted a letter to the California Department of Industrial Relations requesting a prevailing wage coverage determination. A favorable determination for Crevier would have equated to a purported 4 -1 First Implementation Agreement to Disposition and Development Agreement April 18, 2005 Page 2 savings of $1.2 million. To date, there has been no determination and Crevier has made a decision to proceed with the project to ensure its timely completion. Thus, the subject sections need to be removed from the DDA and the requirement for payment of prevailing wages needs to be reinserted. The DDA also needs to be amended to allow for a credit against the purchase price of Parcel B in the amount of $300,000 due to unanticipated extraordinary costs associated with the project. Additionally, the Schedule of Performance and appropriate DDA sections need to be amended to provide for an earlier conveyance of Parcel B upon issuance of a storm drain permit (July 2005) to help avoid construction delays and accommodate the $300,000 credit. Crevier BMW, one of four BMW dealerships in Orange County, is currently ranked first in "New Car Sales" in the nation and holds the title of number one in the nation for "Certified Pre -Owned Sales." The Santa Ana dealership with 267 existing employees expects to add 200 employees upon completion of the expansion, while creating 175 construction jobs during build -out. Sales volumes have nearly doubled from 1993 ($45.8 million) to 1998 ($88.1 million) and more than doubled again from 1998 to 2003 ($233.3 million). Projected total sales are expected to reach $560 million by 2008. CEQA COMPLIANCE In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2003 -111a was previously filed for this project. FISCAL IMPACT Proceeds from the sale of Parcel B, net of the $300,000 credit, will be received in the South Main Tax Allocation Bond revenue account (account no. 552 -01 -5721) and the South Main Operations revenue account (account no. 550 -01- 5721). Executive Director PCW /SG /mlr H:WCTIONS12005 CRATimthnplemAgree To DDA- CrevierExpa 4- 18- 05.doc APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance & Management Services 4 -2