Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a First Amendment to Option and Purchase and Sale Agreement with PDC Sacramento LPIV, LLC for property located at 6382 Phillip Road.
According to this initial extension, the Due Diligence Period was set to expire on November 1, 2022.
On December 4, 2023 California’s Housing and Community Development (HCD) sent to the City of Roseville a Notice of Violation (NOV) concerning the City’s violation of California Surplus Land Act (SLA).
If the City does not cure or correct all such violations by February 4, 2024, and elects to proceed with the disposition of the Property, a penalty will be assessed to the City equal to 30 percent of the final sales price. (Gov. Code, § 54230.5, subd. (a)(1).)
HCD may also pursue additional remedies authorized under Government Code sections 65585 and 65585.1.
The California Department of Housing and Community Development (HCD) found that the City of Roseville (“City”) violated the California Surplus Land Act (SLA) by selecting a developer in 2020 and entering into a PSA without first complying with the requirements of the SLA in place in 2020. Since then, the City failed to take the necessary steps to come into compliance with the SLA by either issuing a Notice of Availability (NOA) to all required entities or declaring the property “exempt surplus land.”
City Manager signed Exclusive Right to Negotiate Agreement (ERNA) with Panattoni >> City of Roseville Resolution No. 20-443
On 11/18/2020 City Council adopted a resolution authorizing the City Manager to execute the Exclusive Right to Negotiate Agreement (ERNA) with PDC Sacramento LPIV, LLC for purchase of the farmland at 6328 Phillip Road. This farmland parcel is adjacent to a Roseville residential neighborhood and there is not a major highway or train corridor nearby. Panattoni (aka PDC Sacramento LPIV, LLC) is a privately owned industrial developer.
Extension of “Due Diligence Period” to be 180 days from the time that Buyer is issued entitlements by the City of Roseville.
Second Amendment makes the duration of the Purchase and Sale Agreement (“PSA”) temporally indefinite (open-ended).
Buyer is Panattoni aka PDC Sacramento LPIV, LLC. Concerning performance of the exclusive PSA between the City and Panattoni, Panattoni would request that the City of Roseville to re-zone to industrial the Phillip Road Site.
City of Roseville signed industrial development agreement with Panattoni >> City of Roseville Resolution No. 21-080
