Redevelopment Agency

CITY OF HENDERSON REDEVELOPMENT AGENCY MINUTES REGULAR MEETING Tuesday, December 17, 2019 I. CALL TO ORDER Chairman March called the Redevelopment Agency Meeting to order at 5:31 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Chairman March announced the meeting is being video recorded and streamed live over the Internet. II. CONFIRMATION OF POSTING AND ROLL CALL The Secretary confirmed the Redevelopment Agency Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing and Emailing List. Present: Debra March, Chairman Michelle Romero, Member John F. Marz, Member Dan K. Shaw, Member Dan H. Stewart, Member Absent: None Officers: Richard Derrick, Executive Director/CEO Sabrina Mercadante, Secretary Nicholas Vaskov, General Counsel Absent: None Staff: Jim McIntosh, Treasurer Ed McGuire, Director of Public Works Michael Tassi, Community Development and Services Director Victoria Dasis, Deputy City Clerk Alyssa Perea, Deputy City Clerk Redevelopment Agency Meeting Page 2 of 17 Tuesday, December 17, 2019 – Minutes III. ACCEPTANCE OF AGENDA (Motion) Member Michelle Romero moved to accept the agenda as presented. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. IV. ITEMS OF BUSINESS RDA-1 MINUTES REDEVELOPMENT AGENCY MEETING NOVEMBER 19, 2019 REDEVELOPMENT City of Henderson Redevelopment Agency Meeting minutes of November 19, 2019. (Motion) Member Dan H. Stewart moved to adopt the City of Henderson Redevelopment Agency Meeting minutes of November 19, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-2 MINUTES REDEVELOPMENT AGENCY AND REDEVELOPMENT ADVISORY COMMISSION WORKSHOP NOVEMBER 12, 2019 REDEVELOPMENT City of Henderson Redevelopment Agency Board and Redevelopment Advisory Commission Workshop minutes of November 12, 2019. Redevelopment Agency Meeting Page 3 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Michelle Romero moved to adopt the City of Henderson Redevelopment Agency Board and Redevelopment Advisory Commission Workshop minutes of November 12, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-3 FOURTH AMENDMENT OWNER PARTICIPATION AGREEMENT UNION VILLAGE, LLC REDEVELOPMENT Fourth Amendment to the Owner Participation Agreement between the City of Henderson Redevelopment Agency and Union Village, LLC, revising the construction schedule as follows; removes Dialysis 2 and replaces it with an estimated 300-unit Condo Project (start date 2020); extends the Village Park start date to 2020; extends the start date for the Wellness Center and Hotel to 2020; changed Senior Living to Senior Apartments and decreases units from 280 to 160; and medical Office Building is replaced with mixed-use project. Member Romero made the following abstention statement: “This item is an amendment to the Owner Participation Agreement between the Redevelopment Agency and Union Village, LLC. In my private capacity, I provide consulting services to Union Village. My consulting work for Union Village is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” Anthony Molloy, Redevelopment Manager, presented a summary of this item and stated staff recommends approval. Redevelopment Agency Meeting Page 4 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Dan H. Stewart moved to approve the Fourth Amendment to the Owner Participation Agreement between the City of Henderson Redevelopment Agency and Union Village, LLC, revising the construction schedule as follows; removes Dialysis 2 and replaces it with an estimated 300-unit Condo Project (start date 2020); extends the Village Park start date to 2020; extends the start date for the Wellness Center and Hotel to 2020; changed Senior Living to Senior Apartments and decreases units from 280 to 160; and Medical Office Building is replaced with mixed-use project. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: Michelle Romero. Chairman March declared the motion carried. RDA-4 GRANT AWARD AGREEMENT DOWNTOWN FAÇADE IMPROVEMENT GRANT BLUE RIBBON HOSPITALITY, L.L.C. REDEVELOPMENT Façade Improvement Sign Grant Award Agreement between Blue Ribbon Hospitality, L.L.C. and the City of Henderson Redevelopment Agency, providing grant funding pursuant to the Downtown Façade Improvement Grant Program for sign improvements to the property located at 894 South Boulder Highway, in an amount not to exceed $2,000.00. Anthony Molloy, Redevelopment Manager, presented a summary of this item and stated staff recommends approval. (Motion) Member Michelle Romero moved to approve the Façade Improvement Sign Grant Award Agreement between Blue Ribbon Hospitality, L.L.C. and the City of Henderson Redevelopment Agency, providing grant funding pursuant to the Downtown Façade Improvement Grant Program for sign improvements to the property located at 894 South Boulder Highway, in an amount not to exceed $2,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. Redevelopment Agency Meeting Page 5 of 17 Tuesday, December 17, 2019 – Minutes RDA-5 RESOLUTION RESOLUTION TO RATIFY DONATION OF $250,000.00 TO NEVADA STATE COLLEGE REDEVELOPMENT Executive Director/CEO Derrick introduced and read Resolution No. 137 by title. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HENDERSON, NEVADA, RATIFYING THE DONATION OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO NEVADA STATE COLLEGE FOUNDATION FOR THE CONSTRUCTION OF THE NEVADA STATE COLLEGE SCHOOL OF EDUCATION BUILDING LOCATED AT THE NEVADA STATE COLLEGE HENDERSON CAMPUS AS A PORTION OF THE PRIVATE CONTRIBUTIONS IN THE APPROXIMATE AMOUNT OF SIX MILLION DOLLARS ($6,000,000.00) REQUIRED BY THE STATE LEGISLATURE TO PROVIDE THE REMAINING FUNDING FOR THE PROJECT IN THE APPROXIMATE AMOUNT OF FIFTY-SIX MILLION DOLLARS ($56,000,000.00). Anthony Molloy, Redevelopment Manager, presented a summary of this item and stated staff recommends adoption of the resolution. Member Dan H. Stewart read the following abstention statement: “I have a conflict of interest on this item, RDA-5. I currently serve as a member of the Board of Trustees of the Nevada State College Foundation. The Foundation is a non-profit entity created to support the educational mission of Nevada State College, including to receive and administer gifts that support the College. This item is a resolution of the Redevelopment Agency to donate $250,000.00 to the Nevada State College Foundation for construction of the School of Education Building. My interests as a member of the Foundation Board of Trustees conflicts with my role as a member of the Redevelopment Agency. This conflict of interest would compromise the independence of judgment of a reasonable person in my situation. Therefore, I will abstain from deliberation and voting on this matter.” Redevelopment Agency Meeting Page 6 of 17 Tuesday, December 17, 2019 – Minutes Member Dan K. Shaw read the following abstention statement: “I also have a conflict of interest on RDA-5. I currently serve as a member of the Board of Trustees of the Nevada State College Foundation. The Foundation is a non-profit entity created to support the educational mission of Nevada State College, including to receive and administer gifts that support the College. This item is a resolution of the Redevelopment Agency to donate $250,000.00 to the Nevada State College Foundation for construction of the School of Education Building. My interests as a member of the Foundation Board of Trustees conflicts with my role as a member of the Redevelopment Agency. This conflict of interest would compromise the independence of judgment of a reasonable person in my situation. Therefore, I will abstain from deliberation and voting on this matter.” (Motion) Member John F. Marz moved to adopt Resolution No. 137. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, and Michelle Romero. Those voting nay: None. Those absent: None. Those abstaining: Dan K. Shaw and Dan H. Stewart. Chairman March declared the motion carried. RDA-6 FIRST AMENDMENT AGREEMENT FOR DEVELOPMENT AND OPTION TO REPURCHASE 52 LYNN LANE, 39 WEST BASIC ROAD, 35 WEST BASIC ROAD, AND 31 WEST BASIC ROAD MOTUS, LLC REDEVELOPMENT First Amendment to the Agreement for Development and Option to Repurchase dated March 20, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Numbers 179-18-810-032, 179-18-810-033, 179-18-810-034, and 179-18-810-035, generally located at 52 Lynn Lane, 39 West Basic Road, 35 West Basic Road, and 31 West Basic Road, Henderson, Nevada 89015, and consisting of 0.69 acres to extend the commencement date from March 20, 2019, until January 17, 2020, and completion of construction until June 2021. Anthony Molloy, Redevelopment Manger, stated the developer, Motus, LLC, did not meet the original construction commencement timeframe and said this item is to provide the developer with additional time in order to commence construction. In addition, Mr. Molloy stated this item is proposing that the Redevelopment Agency have the option to repurchase the lots until the completion of construction. Redevelopment Agency Meeting Page 7 of 17 Tuesday, December 17, 2019 – Minutes Mr. Molloy stated he and the developer have negotiated specific completion requirements and read into the record the following performance objectives with the required completion dates: 1. Pad certification complete by April 15, 2020 2. Underground plumbing and electrical complete by May 27, 2020 3. Footings and pre-slab complete by July 8, 2020 4. Framing and sheeting inspection complete by September 22, 2020 5. All rough and exterior lath, to include electrical, mechanical, and plumbing, complete by December 6, 2020 6. Fire sprinkler rough complete by January 6, 2021 7. Special inspection report and backflow assembly inspection complete by March 20, 2021 8. Final inspection complete by June 3, 2021 Mr. Molloy stated he submitted a memorandum to the City Clerk’s Office which reflects the abovementioned changes in the First Amendment language. John Russo, 92881, the developer, requested this item and its related items, RDA-7 through RDA-11, be postponed for 30 days. He said he would like additional time to discuss the details of the First Amendment with counsel. Following an inquiry by Member Shaw regarding Mr. Russo’s legal counsel, Mr. Russo stated he recently hired Nevada legal counsel and noted his original attorneys were based in California. Mr. Russo stated he received an Agreement yesterday at 4:00 p.m., different than what he agreed to and does not believe he had ample time to review the changes. Responding to Mr. Russo’s concern, Mr. Molloy said if in the event the developer defaults and the Redevelopment Agency needs to move forward with the repurchase of the property, the Redevelopment Agency will not reimburse the developer for all fees and other expenses associated with the development of the project. Mr. Molloy further explained if the repurchase option is exercised, prior to a specific date which is tied to one of the performance objectives, the purchase price would be the same as what the Redevelopment Agency sold the property for. He said after the specific date, the repurchase price would then be based on an appraisal that is performed by an independent appraiser. Bethany Sanchez, Assistant City Attorney III, said a copy of the First Amendment was published on December 3, 2019, and the only changes to that document were the performance objective deadlines, which were comprised between the Redevelopment Agency and the developer. Redevelopment Agency Meeting Page 8 of 17 Tuesday, December 17, 2019 – Minutes Ms. Sanchez stated the developer was supposed to commence construction in March of 2019, and said the Redevelopment Agency sent the developer a letter of default. She said the developer was then given a six-month cure period, which expired in September of 2019; therefore, the developer is currently in default. Ms. Sanchez reiterated that the complete performance objective deadlines are to provide the developer with a chance to develop the project. She said if the developer becomes default on one of the completion deadlines, the developer will then be given a short cure period. Ms. Sanchez stated if the objective is not complete at the end of the cure period, the Redevelopment Agency may proceed with the repurchasing process. A discussion ensued regarding the details of the First Amendment agreement. Member Marz voiced his opposition to the land sale and staff’s recommendation of the First Amendment. He stated he would like to repurchase the land. Following an inquiry by Member Romero regarding if the City’s utility work caused any delay in construction, Mr. Molloy said the Redevelopment Agency worked with the Public Works Department to relocate and remove powerlines that transected on the property. Mr. Molloy said the removal of utility poles took 20 months and was completed in August of 2019. Mr. Molloy noted that this process only affected Site F of the above-listed parcels. Ms. Sanchez said the developer could have obtained a construction contract and issued a notice to proceed. Responding to an inquiry by Member Shaw regarding if there is financing in place, Mr. Russo said he has a letter of intent, which has been provided to staff. Mr. Russo said he has also provided a construction contract. Member Shaw inquired if Mr. Russo will continue to build on the other sites if he does not sign the First Amendment for Site F. Mr. Russo responded he has obligated subcontractors to build on all sites. Following an inquiry by Member Romero regarding if Mr. Russo agreed to the new timelines, Mr. Russo said he understood the cure period to be 30 days, not the 15-day cure period which is in the First Amendment. He also stated the reimbursement should at least be the amount he has paid so far, which is $750,000.00. Responding to a request by Member Romero to clarify the reimbursement details, Mr. Molloy stated after the pre-slab inspection date, the repurchase price will be based upon the independent appraised value of the site. Redevelopment Agency Meeting Page 9 of 17 Tuesday, December 17, 2019 – Minutes A discussion ensued regarding the construction schedule of the project. Mr. Molloy stated he can amend and increase the cure period to be 30 days instead of the proposed 15 days. Following an inquiry by Chairman March asking if the 30-day cure period is acceptable to the developer, Mr. Russo stated that is something he would consider. Mr. Russo voiced concern with an easement that needs to be removed from one of the parcels, which he believes is causing a delay with construction. Ms. Sanchez said the developer was given a title report which outlined all encumbrances on each parcel during the purchase agreement. She explained that there was a due diligence period when the developer could have objected to encumbrances and stated the developer had no objections on any of the four parcels. Ms. Sanchez said the City does not believe it is a valid easement and the developer may have a final map recorded at any time so the building permit may be issued. Ms. Sanchez stated, per the Agreement, the building permits must be issued to commence construction and said the developer has not received building permits because they have not filed the final map. Michael Kidd, City Surveyor, said he met with the developer and Mr. Molloy last week regarding the easement. Mr. Kidd stated he asked the developer to provide him with the contact information of the title company to discuss any misunderstandings; however, he has not received a response. Mr. Russo stated the title company has not provided an opinion regarding the easement and that the lender is requesting the easement be removed. He said the past Redevelopment Manager, Mark Hobaica, indicated that all easements and all power lines would be removed, including sewer. Redevelopment Agency Meeting Page 10 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Dan K. Shaw moved to approve the First Amendment to the Agreement for Development and Option to Repurchase dated March 20, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Numbers 179-18-810-032, 179-18-810-033, 179-18-810-034, and 179-18-810-035, generally located at 52 Lynn Lane, 39 West Basic Road, 35 West Basic Road, and 31 West Basic Road, Henderson, Nevada 89015, and consisting of 0.69 acres to extend the commencement date from March 20, 2019, until January 17, 2020, and completion of construction until June 2021, under the condition that its accompanying items, RDA-7, RDA-8, RDA-9, RDA-10, and RDA-11, all be approved, and amend the cure period to be 30 days instead of 15 days. The roll call vote favoring passage was: Those voting aye: Debra March, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: John F. Marz. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-7 AUTHORIZATION TO EXECUTIVE DIRECTOR TO REPURCHASE APPROXIMATELY 0.69 ACRES OF VACANT LAND, IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 179-18-810-032, 179-18-810-033, 179-18-810-034 AND 179-18-810-035, GENERALLY LOCATED AT 52 LYNN LANE, 39 WEST BASIC ROAD, 35 WEST BASIC ROAD, AND 31 WEST BASIC ROAD FROM MOTUS, LLC REDEVELOPMENT Authorization to the Executive Director of the City of Henderson Redevelopment Agency to exercise the Repurchase Option as provided for in the Agreement for Development and Option to Repurchase dated March 20, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property referred to as “Site F”, identified as Assessor’s Parcel Numbers 179-18-810-032, 179-18-810-033, 179-18-810-034, and 179-18-810-035, generally located at 52 Lynn Lane, 39 West Basic Road, 35 West Basic Road, and 31 West Basic Road, Henderson, Nevada 89015, and consisting of 0.69 acres with accompanying budget approval for such action. Anthony Molloy, Redevelopment Manager, presented a summary of this item. Redevelopment Agency Meeting Page 11 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Dan H. Stewart moved to approve the Authorization to the Executive Director of the City of Henderson Redevelopment Agency to exercise the Repurchase Option as provided for in the Agreement for Development and Option to Repurchase dated March 20, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property referred to as “Site F”, identified as Assessor’s Parcel Numbers 179-18-810-032, 179-18-810-033, 179-18-810-034, and 179-18-810-035, generally located at 52 Lynn Lane, 39 West Basic Road, 35 West Basic Road, and 31 West Basic Road, Henderson, Nevada 89015, and consisting of 0.69 acres with accompanying budget approval for such action. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-8 FIRST AMENDMENT AGREEMENT FOR DEVELOPMENT AND OPTION TO REPURCHASE 51 EAST TEXAS AVENUE MOTUS, LLC REDEVELOPMENT First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-710-070, generally located at 51 East Texas Avenue, Henderson, Nevada 89015, and consisting of 0.15 acres to extend the commencement date from January 9, 2019, until January 17, 2020, and completion of construction until June 20, 2021. Anthony Molloy, Redevelopment Manager, stated the developer has met the requirement to commence construction for 51 East Texas Avenue. He said the developer’s legal counsel has agreed to this First Amendment, and its accompanying sites at 251 South Texas Avenue and 150 Copper Street, which extends the option to repurchase through the completion of the project. Mr. Molloy read into the record the following changes to the benchmark performance dates for completion: 1. Pad certification complete by April 15, 2020 2. Underground plumbing and electrical complete by May 27, 2020 3. Footings and pre-slab complete by July 8, 2020 4. Framing and sheeting inspection complete by September 22, 2020 5. All rough and exterior lath, to include electrical, mechanical, plumbing, complete by December 6, 2020 Redevelopment Agency Meeting Page 12 of 17 Tuesday, December 17, 2019 – Minutes 6. Fire sprinkler rough complete by January 6, 2021 7. Special inspection report and backflow assembly inspection complete by March 20, 2021 8. Final inspection complete by June 3, 2021 Mr. Molloy stated he submitted a memorandum to the City Clerk’s Office which reflects the abovementioned changes in the First Amendment language. He recommended the members align with RDA-6 and extend the cure period to 30 days from 15 days. As requested by Member Stewart, Bethany Sanchez, Assistant City Attorney III, provided clarification on this item. She explained that Site F, or RDA-6, was in default; however, these three parcels are not. Ms. Sanchez said the developer’s legal counsel agreed that the Redevelopment Agency may have the option to repurchase the property through completion of construction. Ms. Sanchez reminded those present that this item must be approved, per the motion that was approved under RDA-6, where the First Amendment must be accepted on all four parcels. John Russo, 92881, the developer, expressed concerns with the loss of certain rights in the purchase agreement and requested this item be withdrawn from any amendments. Chairman March reiterated Ms. Sanchez’s comment and said this item has been combined with the other items related parcel. (Motion) Member Dan H. Stewart moved to approve the First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-710-070, generally located at 51 East Texas Avenue, Henderson, Nevada 89015, and consisting of 0.15 acres to extend the commencement date from January 9, 2019 until January 17, 2020, and completion of construction until June 20, 2021, and amend the cure period to be 30 days instead of 15 days. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. Redevelopment Agency Meeting Page 13 of 17 Tuesday, December 17, 2019 – Minutes RDA-9 FIRST AMENDMENT AGREEMENT FOR DEVELOPMENT AND OPTION TO REPURCHASE 150 COPPER STREET MOTUS, LLC REDEVELOPMENT First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-310-062, generally located at 150 Copper Street, Henderson, Nevada 89015, and consisting of 0.13 acres to extend the commencement date from January 9, 2019, until January 17, 2020, and completion of construction until June 20, 2021. Anthony Molloy, Redevelopment Manager, presented a summary of this item and stated staff recommends approval. Mr. Molloy read into the record the following changes to the benchmark performance dates for completion: 1. Pad certification complete by April 15, 2020 2. Underground plumbing and electrical complete by May 27, 2020 3. Footings and pre-slab complete by July 8, 2020 4. Framing and sheeting inspection complete by September 22, 2020 5. All rough and exterior lath, to include electrical, mechanical, plumbing, complete by December 6, 2020 6. Fire sprinkler rough complete by January 6, 2021 7. Special inspection report and backflow assembly inspection complete by March 20, 2021 8. Final inspection complete by June 3, 2021 Mr. Molloy stated he submitted a memorandum to the City Clerk’s Office which reflects the abovementioned changes in the First Amendment language. He recommended the members align with RDA-6 and extend the cure period to 30 days from 15 days. Redevelopment Agency Meeting Page 14 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Dan H. Stewart moved to approve the First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-310-062, generally located at 150 Copper Street, Henderson, Nevada 89015, and consisting of 0.13 acres to extend the commencement date from January 9, 2019, until January 17, 2020, and completion of construction until June 20, 2021, and amend the cure period to be 30 days instead of 15 days. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-10 FIRST AMENDMENT AGREEMENT FOR DEVELOPMENT AND OPTION TO REPURCHASE 251 SOUTH TEXAS AVENUE MOTUS, LLC REDEVELOPMENT First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-710-194, generally located at 251 South Texas Avenue, Henderson, Nevada 89015, and consisting of 0.15 acres to extend the commencement date from January 9, 2019, until January 17, 2020, and completion of construction until June 20, 2021. Mr. Molloy read into the record the following changes to the benchmark performance dates for completion: 1. Pad certification complete by April 15, 2020 2. Underground plumbing and electrical complete by May 27, 2020 3. Footings and pre-slab complete by July 8, 2020 4. Framing and sheeting inspection complete by September 22, 2020 5. All rough exterior lath, to include electrical, mechanical, plumbing, complete by December 6, 2020 6. Fire sprinkler rough complete by January 6, 2021 7. Special inspection report and backflow assembly inspection complete by March 20, 2021. 8. Final inspection complete by June 3, 2021 Redevelopment Agency Meeting Page 15 of 17 Tuesday, December 17, 2019 – Minutes Mr. Molloy stated he submitted a memorandum to the City Clerk’s Office which reflects the abovementioned changes in the First Amendment language. He recommended the members align with RDA-6 and extend the cure period to 30 days from 15 days. (Motion) Member Dan H. Stewart moved to approve the First Amendment to the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Number 179-18-710-194, generally located at 251 South Texas Avenue, Henderson, Nevada 89015, and consisting of 0.15 acres to extend the commencement date from January 9, 2019, until January 17, 2020, and completion of construction until June 20, 2021, and amend the cure period to be 30 days instead of 15 days. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-11 AUTHORIZATION TO EXECUTIVE DIRECTOR TO REPURCHASE VACANT REAL PROPERTY IDENTIFIED AS ASSESSOR’S PARCEL NUMBERS 179-18-310-062, 179-18-710-070, AND 179-18-710-194, GENERALLY LOCATED AT 150 COPPER STREET, 51 EAST TEXAS AVENUE, AND 251 SOUTH TEXAS AVENUE FROM MOTUS, LLC REDEVELOPMENT Authorization to the Executive Director of the City of Henderson Redevelopment Agency to exercise the Repurchase Option as provided in the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Numbers 179-18-310-062, 179-18-710-070, and 179-18-710-194, generally located at 150 Copper Street, 51 East Texas Avenue, and 251 South Texas Avenue, Henderson, Nevada 89015, with accompanying budget approval for such action. Anthony Molloy, Redevelopment Manager, presented a summary of this item. Redevelopment Agency Meeting Page 16 of 17 Tuesday, December 17, 2019 – Minutes (Motion) Member Dan H. Stewart moved to approve the Authorization to the Executive Director of the City of Henderson Redevelopment Agency to exercise the Repurchase Option as provided in the Agreement for Development and Option to Repurchase dated January 9, 2018, by and between the City of Henderson Redevelopment Agency and Motus, LLC, which applies to certain vacant real property identified as Assessor’s Parcel Numbers 179-18-310-062, 179-18-710-070, and 179-18-710-194 generally located at 150 Copper Street, 51 East Texas Avenue, and 251 South Texas Avenue, Henderson, Nevada 89015, with accompanying budget approval for such action. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. Chairman March reiterated the Redevelopment Agency’s expectations for development on Mr. Russo’s sites. V. CHAIRMAN\MEMBER COMMENTS Chairman March congratulated Alyssa Perea, Deputy City Clerk, on her new position in the Redevelopment Agency. VI. PUBLIC COMMENT Sherman Harris, 89014, requested extra police patrolling in the South Valley Ranch neighborhood between the hours of 7:30 p.m. and 12:00 a.m. Chairman March stated Thedrick Andres, Chief of Police, will contact Mr. Harris after the meeting to discuss any concerns he may have. Redevelopment Agency Meeting Page 17 of 17 Tuesday, December 17, 2019 – Minutes VII. ADJOURNMENT There being no further business to come before the Redevelopment Agency, Chairman March, in concurrence with the Redevelopment Agency, adjourned the Redevelopment Agency Meeting at 6:24 p.m. PASSED AND ADOPTED THIS 18TH DAY OF FEBRUARY, 2020. ______________________ Debra March Chairman ATTEST: _____________________ Sabrina Mercadante, MMC Secretary