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Memo - Block 64 Project-GPS Financial Group I Economic Development I MEMORANDUM TO: Honorable Mayor and City Council FROM: Jim Kerrigan, Director of Planning & Economic Development DATE: January 5,2005 SUBJECT: Block 64 Project - GPS Financial Group PURPOSE OF MEMO At the January 10 work session, GPS Financial will be present to discuss the status of their project between Fifth and Sixth Avenues, north of Mainstreet. In response to this discussion, the Council needs to provide some direction on how they wish to proceed with the development agreement for this project. Bob Deike of Bradley & Deike and Sid Inman of Ehlers & Associates will also be at this meeting. OVERVIEW GPS executed a development agreement for the subject project in July 2004. They are proposing a mixed-use, owner-occupied, residential/retail project. The project would be constructed in three phases. Tax Increment District 1-3 was created to facilitate this project. There has since been a legal challenge of this district. The outcome on this challenge has yet to be decided. The development agreement requires GPS to complete a variety of activities over an 180-day period (see Sections 3.2 & 3.3 of the attached Contract for Private Redevelopment), including securing financing for the first phase of construction. A number of required actions have not been completed within the required period of the agreement (see attached memo dated 12/19/05). Securing adequate pre-sales has been part of the problem. As a result, the Council will need to take action at some time in the near future to extend the development agreement. Along with requesting an extension of the period for completion of developer actions, GPS is also asking for a change in the scope of the project, removing the 55+ limitation from the agreement. Memo to Honorable Mayor, et aI., January 5, 2006 - Page 2 PRIMARY ISSUES . In deciding how to proceed with this development agreement, the Council needs to consider the following: o The progress that has been made by GPS on this project and the comfort level the Council has that they will be able to proceed with Phase I of the project at some time in the reasonable future. o The legal action challenging TIF District 1-3 and the impact of this action on both the GPS and The Cornerstone projects. . If the development agreement is extended, staff would recommend requiring the following: o The period for completion of the developer actions be extended for a maximum of six months. o 90 days after execution of the agreement, GPS will have executed purchase agreements for 25 percent of the Phase I units (18 units). o Parking will need to be shown to be adequate for any relaxation from the 55+ requirement. CONCLUSION Based on discussion at this work session, action on the development agreement will be placed on a future agenda for consideration. Attachment I Economic Development I MEMORANDUM FROM: Jim Kerrigan, Director of Planning & Economic Development DATE: December 19.2005 SUBJECT: Block 64 Project, Required Development Actions Per Redevelopment Agreement As part of the redevelopment agreement for GPS, Section 3.2 details eight actions to be completed over 180 days. The following is the status of each of these actions: a) A financial plan was submitted based on preliminary sales projections, which have not been met. This will need to be revised, based on when and how the project proceeds forward. b) Sid Inman of Ehlers & Associates, the City's financial consultant, has not yet received the necessary information from GPS to complete a final financial feasibility analysis of the project. c) The site plan information has been submitted for all phases of the project. d) Information has been submitted concerning a plan for completion of the environmental due diligence process. An acceptable remediation plan has not yet been completed. I' e) GPS has acquired title to only two of the properties in the project area. f) A financing commitment has not yet been secured for construction of Phase I. g) The concept review process as required has been completed by the developer. The determination of the feasibility of compliance of the building plans with the state building code has not been completed. h) Articles of incorporation and bylaws for the Sixth and Main Condominium Association have been submitted to staff. They have not been reviewed by legal counsel. Memo to Bob Deike, et aI., December 15,2005 - Page 2 Besides the above, Section 3.3 (f) (ii) requires the following to be completed by GPS. 1. Execution of a relocation contract. 2. Preparation of a relocation plan. 3. Provide HRA written reports every two weeks concerning the status of relocation activities. To date, item #1 has been executed, but nothing has been submitted as relates to the other two items.