Attachments:
16. PUBLIC HEARINGS
Public Hearing matters will begin no earlier than 5:00 p.m. or as soon
thereafter as the matters are reached on the agenda.
16.1
PUBLIC HEARING - PUBLIC HEARING TO REVIEW EVIDENCE OF
DEFAULT BY CORNERSTONE PROPERTIES II, LLC ON THE
PROPERTY LOCATED AT 410 B STREET, SANTA ROSA, CA APN
010-045-025
BACKGROUND: Pursuant to an Agreement of Purchase and Sale for
Future Infill Development and Joint Escrow Instructions (“Agreement”),
the City sold the property located at 410 B Street in downtown Santa
Rosa (APN 010-045-025) (“Property”) to Cornerstone Properties II, LLC
(“Cornerstone”) on August 27, 2021, subject to the requirement that
Cornerstone satisfy specific development milestones by specified
deadlines. The City has granted Cornerstone two extensions of the
deadlines for completion of the development milestones, totaling an
additional 2.5 years. Because Cornerstone did not complete the
development milestones by August 24, 2024, the second extended
deadline, it is in material default of the Agreement. After meeting with
Cornerstone, City staff determined that Cornerstone is not likely to
move forward with the timely development of the Property even if the
City further extends the milestone deadlines and issued a notice of
default on August 29, 2024. The Agreement stipulates that following
issuance of a notice of default, the Council must hold a public hearing
to review evidence of defaults by Cornerstone and may elect to
repurchase the property from Cornerstone for the Call Purchase Price
of $1,340,000 (which is equal to the original purchase price) in
accordance with Section 23(d) of the Agreement if Council determines
that Cornerstone is in default.
RECOMMENDATION: It is recommended by Real Estate Services that
the Council: 1) conduct a public hearing to review evidence of the
defaults by Cornerstone Properties II, LLC “(Cornerstone”) on the
property located at 410 B Street, APN 010-045-025 (“Property”) in
connection with the Agreement of Purchase and Sale for Future Infill
Development and Joint Escrow Instructions (“Agreement”); and 2) by
resolution, elect to repurchase the Property for the Call Purchase Price
of $1,340,000 in accordance with the terms of section 23 (d) of the
Agreement to facilitate the revitalization of the City’s downtown and