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CDC - Item 3B - Update on Status of Exclusive Negotiation Agreement for the Sale of the Glendon Hotel E M 5 ° 9 ° ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION Op ORATED T9y0 STAFF REPORT TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS FROM: JEFF ALLRED, EXECUTIVE DIRECTOR /M DATE: JULY 27, 2010 SUBJECT: UPDATE ON STATUS OF EXCLUSIVE NEGOTIATION AGREEMENT (ENA) FOR THE SALE OF THE GLENDON HOTEL SUMMARY On May 25, 2010, the Rosemead Community Development Commission approved an Exclusive Negotiating Agreement (ENA) with the Qiao Garden Group Real Estate Company, Ltd. (Qiao Garden Group) for the development of a Purchase and Sale Agreement of 8832 Glendon Way (Glendon Hotel). The term of the ENA provided an initial negotiation period of 90 calendar days, subject to one (1) 90 calendar days extension, within which the Commission and the Qiao Garden Group would work to develop a Purchase and Sale Agreement setting forth the specific terms related to the sale of the Glendon Hotel. The ENA is set to expire on August 22, 2010. Staff Recommendation It is recommended that the Community Development Commission extend the Exclusive Negotiating Agreement (ENA) with Qiao Garden Group Real Estate Company, Ltd. for the development of a Purchase and Sale Agreement of the Glendon Hotel for another ninety (90) calendar days beginning from August 23, 2010 (see Attachment A). ANALYSIS Over the last few months, staff has diligently been working with the Qiao Garden Group on the development of a Purchase and Sale Agreement for the Glendon Hotel. There have been several requests made by both parties that need to be completed before an agreeable Purchase and Sale Agreement can be entered. It is assumed that these tasks will take longer than the 90 calendar days provided for in the initial ENA to complete: Therefore, it is recommended that the Commission extent the ENA with the Qiao Garden Group for another 90-calendar days to expire on November 20, 2010. FISCAL ANALYSIS The sale of the property would generate onetime revenues of $4.4 million for the Commission. In addition, future property tax increment revenues will accrue to the Commission and TOT revenues will be realized by the City. ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: Community Development Commission July 27, 2010 Page 2 of 2 PUBLIC NOTICE PROCESS This item has been noticed according to the California Health and Safety Code Section 33490. Prepared by: Lokka Michelle G. Ramirez Economic Development Administrator Submitted by: Stan Wong Community Development Director Attachment A: First Amendment to Exclusive Negotiation Agreement FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT This FIRST AMENDMENT TO EXCLUSIVE NEGOTIATION AGREEMENT ("First Amendment") is made as of this 27`h day of July 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD, a public body, corporate and politic (the "Commission"), and QIAO GARDEN GROUP REAL ESTATE COMPANY, LTD (the "Purchaser"), and amends that certain Exclusive Negotiation Agreement ("Agreement") entered into by and between the Commission and the Purchaser on May 25, 2010. Section 1. Section 3.a. of the Agreement is hereby amended in its entirety to read as follows: "3. Negotiation Period. a. Negotiation Period. The term of this Agreement shall extend through and include November 20, 2010, subject to extension or termination as provided below (the "Negotiation Period")." Section 2. Except as expressly amended herein, all other terms and provisions of the Agreement are and remain in full force and effect. In witness whereof the parties have had their duly authorized officers execute this First Amendment this 27`h day of July 2010. PURCHASER: QIAO GARDEN GROUP REAL ESTATE CO. LTD By: Lian Yue Song, President and CEO COMMISSION: ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, a public body corporate and politic By: Gary Taylor, Chairman ENA - Qiao Garden Group Real Estate Co. Ltd 1 07272009 APPROVED AS TO FORM By: Joseph M. Montes Burke, Williams & Sorensen, LLP Commission General Counsel ATTEST: By: Gloria Molleda, Commission Secretary ENA- Qiao Garden Group Real Estate Co. Ltd 2 07272010