1 / 6

NPJC: Foster City Update

NPJC: Foster City Update. May 26, 2011. Status . 3/17/11 Letter from City Development Director Richard Marks -Threat to declare default under lease due to NPJC failure to get building permit for Phase Two (Cultural Arts Center) by 1/08

alma
Télécharger la présentation

NPJC: Foster City Update

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. NPJC: Foster City Update May 26, 2011

  2. Status 3/17/11 Letter from City Development Director Richard Marks -Threat to declare default under lease due to NPJC failure to get building permit for Phase Two (Cultural Arts Center) by 1/08 -Threat to revoke NPJC’s free parking on 15-acre site (gravel lot) -Reminder of NPJC obligations to develop Phase Three by 2015 (not just remove modulars, but actually build childhood education center) -But… City still wants to negotiate re sale of site

  3. Status 3/23/11 Notice of Default from City Attorney Consequences claimed by City: - NPJC owes liquidated damages ($976,000) - NPJC rent increases - NPJC loses Cultural Arts Center site

  4. Status 4/18/11NPJC Response Letter (from Cooley) - NPJC disputes claim of default - City extended 1/1/08 deadline for Phase Two Building Permit to 5/1/10 - NPJC’s obligation to obtain a building permit by 5/1/10 was excused because it resulted from City’s failure to act timely on NPJC’s 12/18/09 permit application. City quietly rejected application on 6/8/10 without giving NPJC notice or opportunity to appeal. This was contrary to City obligation under ground lease to process permit application diligently. - Because NPJC not in default, City not entitled to return of Cultural Arts Center site, liquidated damages or increased rent. - City has no right to revoke NPJC’s rights to park on adjacent 15 acres, and must disclose those rights to prospective purchasers. - NPJC invokes mediation procedures under ground lease.

  5. Status May 3 City attorney Jean Savaree calls Cooley - City agrees to proceed to mediation - Commits to cooperate to schedule mediation as soon as possible, preferably by end of June. As of May 24 - Working on acceptable mediator - Not received letter from the City officially responding to our April 18 letter

  6. Mediation - Mediation is a negotiation where a third party neutral hired by the parties seeks to facilitate a voluntary agreement. - Typically takes place over the course of a long day at offices of mediator, with follow up calls and additional sessions if necessary. - Mediator’s role is to evaluate parties’ positions and help them reach a deal. - Lawyers typically prepare a brief setting forth their client’s position in advance. - Selection of skilled mediator important to success.

More Related