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1994 04 26 CCing -> 10/- 78495 CALLE TAMPICO LA OUINTA, CALIFORNIA 92253 619) 777-7000 FAX 619) 777-7101 NOTICE OF SPECIAL MEETING OF THE CITY OF LA QUINTA CITY COUNCIL TUESDAY, APRIL 26, 1994 NOTICE IS HEREBY GIVEN that in accordance with Government Code Section 54956,1, JOHN J. PENA, Mayor of the City of La Quinta, California, do hereby call a Special Meeting of the City Council for 12:00 P.M. on Tuesday, April 26.1994. Said meeting will be held at the La Quinta Council Chamber, 78-495 Calle Tampico. La Quinta. California. PUBLIC COMMENT BUSINESS SESSION P':irpose of said meeting is for the purpose of considering a joint Exclusive Right to Negotiate" agreement between the City of La Quinta, City of Indio and Midland Properties relative to a proposal for an auto mall located generally at the southwest corner of Highway 111 and Jefferson Street. MAYOR AND COUNCIL MEMBER IThMS CLOSED SESSION 1. Conference with Real Prnperty Negotiator Pursuant to Government Code Section 54956.8 Potential Acquisition of Property Located on the Southwest Corner of Highway 111 and Jefferson Street Midland Properties Proposal for an Auto Mall. Dated: April 25, 1994 City of a Quint California 000001 MAILING ADDRESS P.O. BOX 1504 LA QUINTA, CALIFORNIA 92253 BIB] 04-23-1999-U01 04:08:35PM-U01 ADMIN-U01 CC-U02 04-U02 26-U02 1994-U02 ing -> 10 DECLARATION OF POSTING I, Saundra L. Juhola, City Clerk of the City of La Quinta, California, do hereby certify that the special meeting notice of the La Quinta City Council for April 26, 1994 was posted on the bulletin board at the Chamber of Commerce and both the inside and outside bulletin boards at the Civic Center on Monday, April 25, 1994. Dated: Apnl 25, 1994. City of La Quinta, California 000002 BIB] 04-23-1999-U01 04:08:35PM-U01 ADMIN-U01 CC-U02 04-U02 26-U02 1994-U02 ing -> 10 2 2 9 4 R I 1 2 1 I T'y' 0 I N I 0 3 XCLUSIVE RIGHT TO N?GOTIA?'E The City of Indlo and the City of La Quinta collectively the Cilles") agree to negotiate exclusively with Midland Properties, Inc. Developer"). for a period of six months t?rough September 18, 1994) for the deve]opmeut of an auto mall project The properties subject to this exclusive right to negotiate are the approximate 50.99 acres located at the southwest corner of Highway 111 and Jefferson Street and the approximate 6.3 acres zoned neighborhood commercial? fronting Jefferson Street immediately south of the approximate 5099 acres 1. Within ninety? 90) days 0 March 18, 1994, Developer shall submit to the Cities a detailed narrative description of the general scope of development proposed the Development Concept'). The Developrnent Concept s?all include: a. Master Plan for the development of the Site, including a detailed statement of the proposed land used, including a detailed list of automobile dealers and to the extent possible, a list of automobile?related commercial tenants from whom the Developer in good faith believes letters of intent can e obtained. The proposed tenants shall Consist primarily of commercial automobile dealers and automobile-related commercial businesses; b. Estimate of development costs; C. Development pro-forma" with detailed analysis of project revenue and estimates on net operations; d. Key assumptions as to economic feasibility, such as development timing and any commitments expected from the Cities; e. The proposed scheduling of the proposed development or phases thereof; f. The proposed source and method of financing; and g. Proposal for Site assembly and land acqL2isition. The Cit2'es shall review the Development Concept and may either approve, request modifications, or reject such concept If the Development Concept is rejected, the Cities shall provide a list of deficiencies to the Developer and, if these deficiencies are not corrected to the satisfaction o:? the Cities within thirty 30) days of such rejection. this Agreement shall automatically terminate unless it is extended by the mutual agreement of the Cities and Developer. 2. It is mutually understood that no proposed Development will proceed until the Cities have approved the Development Concept and the parties arc in agreement with regards to the development use of property, financing issues, and a?l other related issue?. BIB] 04-23-1999-U01 04:08:35PM-U01 ADMIN-U01 CC-U02 04-U02 26-U02 1994-U02 ing -> 1022-94 RI 12:32 CITY O? INDIO P Exclusive Right to Ne8otiate City of Indio, City of La uinta and Midland Properties Inc. 3. All actions performed by the Developer pursuant to this Agreement s?all be solely at the cost of the Developer without regard to whether the parties enter into subsequent agreements. To t7ae extent the Cities undertake? obligations under this AgreemeU? they shall undertake such?L obligations at their own expense. All materials provided to the Cities by the Developer purs?ant to this Agreement shall be retained by the Cities. 4. The Developer shall not negotiate and shall refrain from any discussion.?ion with any other City or the County of Riverside within the Coachella Valley for the purpose ot developing and/or constructing an auto a1l facility while agreement is Iii f(?force?. Notice. All notices given or required to be given hereunder shall be. in writing and addressed to the parties as set out below, or to such other address as may be noticed under and pursuant to this paragraph. Any such notice shall be considered served when actually received by the party intended, whether personally served or sent postage prepaid by registered or certified mali, return receipt requested. City of lndio: Mr. Fred DiaL, City Manager City of Indlo 100 Civic Center Mall Post Office Drawer 1788 Indio? California 92201 Phone: 619) 342-6580 F??: 619) 342-6556 City of La Quinta: Mr. fom enovese, Acting City Manager City f La Quinta 78-495 C?l? Tampico La Quinta? CA 92253 Phone: 619) 777-7000 Fax: 619) 777-7101 Developer: Nir. Tim L. Ealcy Director of Real Estate NIdland Propertic?. Inc. 2001 Shawnee Mission Parkway Shawnee Mission? Kansas 66250 Phone: 913) 677.5300 Fax: 913) 384-0413 OO()()flA BIB] 04-23-1999-U01 04:08:35PM-U01 ADMIN-U01 CC-U02 04-U02 26-U02 1994-U02 ing -> 10PR-?2-94 F'RI 12:33 FIT? O? INDIO Exclusive Right to NegQtldte City of ndio, city of La Quinta and Midland Properties Inc. Dated: Apri 22. 199? City or Indk? By /??<Z. EItr'ieda L. alI, Mayow By +L Karen Dodd, City Clerk Dated: City of I? Quinta By John Pena? Mayor By Sa??I?(Ir? Juhola, City C?erk Dated: Midland P?pertiCS, Inc. 1?n L Ealey. Director of Real Eszate BIB] 04-23-1999-U01 04:08:35PM-U01 ADMIN-U01 CC-U02 04-U02 26-U02 1994-U02