Redevelopment Agency

Name: Redevelopment Agency — Henderson, NV
Start: 2020-07-21T15:00:00
End: 2020-07-21T17:00:00
Location: Henderson, NV

Regular Meeting

Henderson, NV · July 21, 2020

Agenda Packet Minutes

Minutes

CITY OF HENDERSON REDEVELOPMENT AGENCY MINUTES REGULAR MEETING Tuesday, July 21, 2020 I. CALL TO ORDER Chairman March called the Redevelopment Agency Meeting to order at 3:01 p.m., in the City Council Chambers, City Hall, 240 South Water Street, Henderson, Nevada 89015. Chairman March announced due to the COVID-19 related Public Meeting Restrictions in effect at this time, there will be no in-person attendance at this meeting, and those present will be practicing social distancing in conformance with the State of Nevada Executive Department Declaration of Emergency Directive 006, dated March 22, 2020, and extended by the following Emergency Directives: Emergency Directive 010, dated March 31, 2020; Emergency Directive 016, dated April 29, 2020; Emergency Directive 018, dated May 7, 2020; Emergency Directive 21, dated May 28, 2020; and Emergency Directive 26, dated June 29, 2020, extending public meeting closures and restrictions through July 31, 2020, at 11:59 p.m. The public may view or listen to this meeting online at https://cityofhenderson.com/ or YouTube, and may submit written comments via WebEx or email at cityclerk@cityofhenderson.com or indicate their desire to speak on an item in real time via WebEx. Chairman March also stated if online participants experience any technical difficulties participating in today’s meeting, they may contact 702-267-2300 for assistance. 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 Redevelopment Agency Meeting Page 2 of 6 Tuesday, July 21, 2020 – Draft Minutes Officers: Richard Derrick, Executive Director/CEO Sabrina Mercadante, Secretary Nicholas Vaskov, General Counsel Absent: None Staff: Michael Tassi, Community Development and Services Director Jim McIntosh, Treasurer Ed McGuire, Director of Public Works Amber Ellis, Supervising Deputy City Clerk April Parra, Administrative Deputy City Clerk Victoria Dasis, Deputy City Clerk III. ACCEPTANCE OF AGENDA (Motion) Member Michelle Romero moved to accept the agenda as amended. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, Dan H. Stewart, and Michelle Romero. 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 JUNE 16, 2020 REDEVELOPMENT City of Henderson Redevelopment Agency Meeting minutes of June 16, 2020. Chairman March asked staff if there were any public comments related to this item. Sabrina Mercadante, Secretary, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. Redevelopment Agency Meeting Page 3 of 6 Tuesday, July 21, 2020 – Draft Minutes (Motion) Member Dan K. Shaw moved to adopt City of Henderson Redevelopment Agency Meeting minutes of June 16, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, Dan H. Stewart, and Michelle Romero. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. RDA-2 MUTUAL RELEASE AND SETTLEMENT AGREEMENT RESOLVE ALL LITIGATION AND CLAIMS AND AUTHORIZATION OF AMENDMENTS TO EFFECTUATE SETTLEMENT MOTUS, LLC REDEVELOPMENT Approval of Mutual Release and Settlement Agreement between the Agency and Motus, LLC, to resolve all litigation and outstanding claims regarding the development of the vacant real property at Assessor’s Parcel Numbers: 179-18-310-062, generally located at 150 Copper Street; 179-18-710-070, generally located at 51 East Texas Avenue; 179-18-710-194, generally located at 251 South Texas Avenue; and 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, commonly known as Site F, and authorization for the Executive Director to execute and deliver all documents necessary to effectuate the settlement, including the extension of time for previously-approved developer grants, subordination of Agency’s remedies, and establishment of new timelines and procedures for development, each in a form approved by the City Attorney. Anthony Molloy, Redevelopment Manager, gave a presentation on this item and stated a staff memorandum and a redlined agreement were added to the backup material which included no substantive type changes. He said construction must commence within four months if this agenda item is approved, and that staff recommends approval. Chairman March asked staff if there were any public comments related to this item. Sabrina Mercadante, Secretary, stated there were no public comments received via email or Contact Henderson. April Parra, Administrative Deputy City Clerk, said there were no public comments or requests to speak received via WebEx. Member Shaw stressed the importance of Motus meeting the new benchmark performance dates. He said if those dates are not met, the Agency may take Site F back with a loan on the property because it is now in second position. Redevelopment Agency Meeting Page 4 of 6 Tuesday, July 21, 2020 – Draft Minutes Following an inquiry by Chairman March regarding the confidence in Motus to finish the project, Mr. Molloy said there are requirements in the amended agreement to provide the Agency with their executed construction agreement and proof of financing for the construction. Mr. Molloy stated the subordination agreement references $3,900,000.00 and he believes Motus expects that amount to cover the construction loan. Responding to an inquiry by Chairman March regarding if Motus will be constructing the project, Mr. Molloy stated he does not believe they are going to self-perform. Member Shaw requested a copy of the contract with the financing to ensure there are adequate reserves as a condition for approval. Following an inquiry by Member Romero regarding the construction status on the developer’s associated sites, Mr. Molloy stated Motus is on schedule and is required to complete the other projects within the next five months. Responding to an inquiry by Member Romero regarding if there is third-party construction control, Mr. Molloy said that was not included on this project; furthermore, that would be an added expense. Nick Vaskov, General Counsel, said the City typically requires construction control when City funds are involved in a project. He explained construction control was not used in this instance since the construction costs are the developer’s responsibility. (Motion) Member Michelle Romero moved to approve the Mutual Release and Settlement Agreement between the Agency and Motus, LLC, to resolve all litigation and outstanding claims regarding the development of the vacant real property at Assessor’s Parcel Numbers: 179-18-310-062, generally located at 150 Copper Street; 179-18-710-070, generally located at 51 East Texas Avenue; 179-18-710-194, generally located at 251 South Texas Avenue; and 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, commonly known as Site F, and authorization for the Executive Director to execute and deliver all documents necessary to effectuate the settlement, including the extension of time for previously-approved developer grants, subordination of Agency’s remedies, and establishment of new timelines and procedures for development, each in a form approved by the City Attorney, as amended. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, Dan H. Stewart, and Michelle Romero. Those voting nay: None. Those absent: None. Those abstaining: None. Chairman March declared the motion carried. Redevelopment Agency Meeting Page 5 of 6 Tuesday, July 21, 2020 – Draft Minutes V. CHAIRMAN\MEMBER COMMENTS There were no Chairman\Member comments presented. VI. PUBLIC COMMENT There were no public comments presented. 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 3:15 p.m. Redevelopment Agency Meeting Page 6 of 6 Tuesday, July 21, 2020 – Draft Minutes PASSED AND ADOPTED THIS 18TH DAY OF AUGUST, 2020. ______________________ Debra March Chairman ATTEST: _____________________ Sabrina Mercadante, MMC Secretary

Agenda

CITY OF HENDERSON REDEVELOPMENT AGENCY AGENDA REGULAR MEETING Tuesday, July 21, 2020 To Be Conducted via Videoconference and 3:00 PM Teleconference ONLY Meeting Inquiries: (702) 267-1400 NOTICE PLEASE NOTE THAT DUE TO THE COVID-19-RELATED PUBLIC GATHERING RESTRICTIONS, THERE WILL BE NO IN-PERSON ATTENDANCE AT THIS MEETING. This meeting is being conducted in conformance with the State of Nevada Executive Department Declaration of Emergency Directive 006, dated March 22, 2020, and extended by the following Emergency Directives: Emergency Directive 010, dated March 31, 2020; Emergency Directive 016, dated April 29, 2020; Emergency Directive 018, dated May 7, 2020; and Emergency Directive 21, dated May 28, 2020; and Emergency Directive 26, dated June 29, 2020, extending public meeting closures and restrictions through July 31, 2020, at 11:59 p.m. If you desire to view or listen to this meeting, please utilize one of the following methods: To watch via livestream: https://bit.ly/HendersonSIRE or https://bit.ly/July21Youtube To listen via teleconference (audio Dial into the meeting by calling: only): 1-415-655-0001 (access code 133 092 6595) audio only Notice to persons with special needs: For those requiring special assistance or accommodation to participate in this meeting, arrangements for a sign language interpreter should be made as soon as possible, but no later than 72 hours before the scheduled meeting. Please contact the City Clerk's office at (702) 267-1400 or TTY: 7-1-1, at least 72 hours in advance to request a sign language interpreter. You may also submit your request by using Contact Henderson. The Chairman reserves the right to hear agenda items out of order, combine two or more agenda items for consideration, remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. Public comment will be taken on each agenda item as it is heard. THERE WILL BE NO IN-PERSON ATTENDANCE AT THIS MEETING. If you desire to provide general public comment or public comment on an individual agenda item, please utilize one of the following methods available: Redevelopment Agency Regular Meeting Page 2 of 5 Tuesday, July 21, 2020 - Agenda To Submit Public Use this link or email Available to use during Comment on individual address: this period: agenda items, or for general public comment: Via the City of Henderson bit.ly/RDAdocusign For comments submitted website (DocuSign) prior to 5:30 p.m. July 20, 2020. By email: CityClerk@cityofhenderson.com For comments submitted prior to and during the live Be sure to include your name, meeting. zip code, the agenda item number on which you are providing comment, along with your comment. Please also indicate whether you want your email comment to be read on the record during the live meeting or added to the backup materials for the record. If not specified, comments will be added to the backup materials for the record. By WebEx Events: https://bit.ly/July21Webex For comments submitted (password if needed 1234) during the live meeting only. Using the WebEx link to join the live meeting will allow you to Note: Due to anticipated participate by providing real- processing time, we time text messaging and encourage you to be speaking live to the Agency. At prepared to provide your the time an item is introduced, comments at the beginning you must either submit your of the Public Comment comments via real-time text or period rather than waiting indicate that you wish to speak until the end to be sure on the item. Real-time texts will your text message is be read into the record by a City received and read into the staff member at the time they record while the item is are entered. PLEASE being considered. INDICATE THE ITEM YOU ARE SUBMITTING COMMENTS FOR. For WebEx help, please see their support site at bit.ly/WebexHELP Redevelopment Agency Regular Meeting Page 3 of 5 Tuesday, July 21, 2020 - Agenda For technical issues joining the meeting, please call 702-267-2300. Individual comments will be limited to three (3) minutes and those representing group comments will be limited to ten (10) minutes. The Chairman reserves the right to curtail or decline to read into the record comments that are abusive, offensive, inflammatory or repetitive and that disrupt, disturb or otherwise impede the orderly conduct of the Council meeting. See NRS 241.030(4)(a). Examples of disruptive comments include, without limitation, name calling, use of profanity, personal attacks, intimidation, threats, or any other comments intended to impede the meeting or infringe on the rights of the Henderson City Council, City staff, or meeting participants. Backup/supporting materials for agenda items can be found on the City's website at: http://www.cityofhenderson.com. To request electronic copies of backup/supporting materials, please contact Sabrina Mercadante at (702) 267-1400. Agenda Information Line - (702) 267-1440 (No. 3). I. CALL TO ORDER II. CONFIRMATION OF POSTING AND ROLL CALL III. ACCEPTANCE OF AGENDA (For Possible Action) IV. ITEMS OF BUSINESS RDA-1 MINUTES REDEVELOPMENT AGENCY MEETING JUNE 16, 2020 REDEVELOPMENT For Possible Action. RECOMMENDATION: Adopt City of Henderson Redevelopment Agency Meeting minutes of June 16, 2020. Redevelopment Agency Regular Meeting Page 4 of 5 Tuesday, July 21, 2020 - Agenda RDA-2 MUTUAL RELEASE AND SETTLEMENT AGREEMENT RESOLVE ALL LITIGATION AND CLAIMS AND AUTHORIZATION OF AMENDMENTS TO EFFECTUATE SETTLEMENT MOTUS, LLC REDEVELOPMENT For Possible Action. RECOMMENDATION: Approve Approval of Mutual Release and Settlement Agreement between the Agency and Motus, LLC, to resolve all litigation and outstanding claims regarding the development of the vacant real property at Assessor’s Parcel Numbers: 179-18-310-062, generally located at 150 Copper Street; 179-18-710-070, generally located at 51 East Texas Avenue; 179-18-710-194, generally located at 251 South Texas Avenue; and 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, commonly known as Site F, and authorization for the Executive Director to execute and deliver all documents necessary to effectuate the settlement, including the extension of time for previously-approved developer grants, subordination of Agency’s remedies, and establishment of new timelines and procedures for development, each in a form approved by the City Attorney. V. CHAIRMAN\MEMBER COMMENTS The Chairman and Members may speak on any subject under this section of the agenda. The Chairman and Members may comment on matters including, without limitation, future agenda items, upcoming meeting dates, and meeting procedures. Comments made cannot be acted upon or discussed at this meeting, but may be placed on a future agenda for consideration by the Redevelopment Agency. VI. PUBLIC COMMENT Items discussed under Public Comment cannot be acted upon at this meeting, but may be referred by the Agency to the next Regular Meeting for consideration. Public Comment will be limited to three (3) minutes at the discretion of the Chairman. The Chairman reserves the right to curtail abusive, offensive, inflammatory or repetitive comments that disrupt, disturb or otherwise impede the orderly conduct of the meeting. See NRS 241.030(4)(a). Examples of disruptive conduct include, without limitation, yelling, stamping of feet, whistles, applause, heckling, name calling, use of profanity, personal attacks, physical intimidation, threatening use of physical force, assault, battery, or any other acts intended to impede the meeting or infringe on the rights of the Henderson Redevelopment Agency, City staff, or meeting participants. Redevelopment Agency Regular Meeting Page 5 of 5 Tuesday, July 21, 2020 - Agenda VII. ADJOURNMENT Posted by 9:00 a.m., July 15, 2020, at the following locations: City Hall, 240 South Water Street, 1st Floor Lobbies Multigenerational Center, 250 South Green Valley Parkway Whitney Ranch Recreation Center, 1575 Galleria Drive Fire Station No. 86, 1996 East Galleria Drive www.cityofhenderson.com https://notice.nv.gov

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