Legislation Details

File #: 2018-259    Version: 1 Name:
Type: Contract/Agreement Status: Consent Agenda
File created: 6/14/2018 In control: City Council
On agenda: 7/11/2018 Final action:
Title: Second Amendment to the Purchase and Performance Agreement and Estoppel Certificate for the Verano Residential Project
Attachments: 1. Cathedral City Second Amendment to Purchase and Performance Agreement -- Verano.pdf, 2. PAPA Estoppel Certificate-Final.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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City Council

MEETING DATE: 7/11/2018
TITLE:
Title
Second Amendment to the Purchase and Performance Agreement and Estoppel Certificate for the Verano Residential Project
End

FROM:
Tami E. Scott, Administrative Services Director

RECOMMENDATION:
Recommendation
City Council consider the approval of a Second Amendment to the Purchase and Performance Agreement and Estoppel Certificate with Verano Recovery, LLC.
Body

BACKGROUND:
The City entered into a Purchase and Performance Agreement (PAPA) with Verano Recovery, LLC (Verano Recovery) on June 2, 2015, for the transfer of land within the Verano residential community that was under City control at that time. Previously, Verano Recovery had acquired much of the remaining available property in that community. In exchange for the transfer of City-owned parcels to Verano Recovery, the Agreement obligated Verano Recovery to provide a cash payment and to complete a number of development improvements within a specified timeframe. Subsequently, on October 16, 2016, the City entered into a First Amendment of the PAPA, which extended the performance timeframe. The Second Amendment being presented for Council consideration primarily modifies and updates a proposed timeframe in which a number of these obligations are required to be completed.

DISCUSSION:
Upon entering into the PAPA with the City of Cathedral City on June 2, 2015, Verano Recovery completed its acquisition of much of the remaining available land within the Verano residential community. Their intent in acquiring the property was to bring the project back to the standards envisioned when the project was approved in 1998 and to develop the remaining lots and parcels for new home construction. A Community Facilities District had been established for the area (CFD 2000-01) and over the years, the "Great Recession", developer defaults, and other factors, resulted in a high rate of non-payment of assessments in the CFD. The land sale to Verano...

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