REPORT TO THE CITY COUNCIL
February 27, 2020
FROM: WILMA QUAN, City Manager
Office of Mayor and City Manager's Office
ALDI DODDS, Deputy City Manager
Office of Mayor and City Manager's Office
SUBJECT
Title
APPROVE - First Amendment to the Exclusive Negotiation Agreement by and between the City of Fresno and Tutelian & Company, Inc.
Body
RECOMMENDATION
Staff recommends the City Council approve the First Amendment to the Exclusive Negotiation Agreement (ENA) by and between the City of Fresno (City) and Tutelian & Company, Inc. (Developer) for the development of north Fulton Street.
EXECUTIVE SUMMARY
On December 14, 2018, the City and Developer entered into an ENA granting Developer exclusive rights to negotiate terms for a subsequent Disposition and Development Agreement (DDA) for the development of proposed Project. In September 2019, City Manager, Wilma Quan, granted the Developer a 180-day extension to the Negotiation Period of the ENA. The original Negotiation Period of 270 days was extended by 180 days to March 8, 2020. As stated in the ENA, any future extensions for performance would require City Council approval. As such, the first amendment to the ENA extending the Negotiation Period 12 months, to March 8, 2021, requires City Council approval.
BACKGROUND
As stated in the ENA, the Developer shall, before expiration of the Negotiation Period, prepare and deliver a status report to the City Council demonstrating the City's satisfaction that the Developer is in material compliance with the ENA, and that the Developer has made and is then making good faith efforts to timely complete all its obligations.
In 2019, the Developer engaged the Fresno Housing Authority (Housing Authority) to make its lands available for the intended Phase II of the proposed Project. Despite that substantial effort and several months of negotiating, the Housing Authority decided not to participate. That recent decision by the Housing Authority...
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