Title
Approving an amendment to an agreement with Winstead PC to engage in special legal services for the Downtown East Project, and authorizing the City Manager to execute the same.
Summary
The City has been working with Winstead on the transactional documents necessary to fulfill the Public Private Partnership (P3) the City has entered into with Griffin/Swinnerton for the Downtown East project. The next step in the agreement with Griffin/Swinnerton is to create real estate documents necessary to transact the commercial spaces within the Downtown East. The additional scope of work will not only provide documents necessary for the transaction of the commercial space within The Monarch but also establish the framework for the development of the tracts within Phase 2 of the Downtown East development. As part of partnership established with Griffin/Swinnerton, Griffin/Swinnerton will be responsible for approximately 30 percent of the cost of this scope of work.
Winstead has been instrumental in the creation of the documents executed by the City to date for the Downtown East project. Staff recommends continuation of the engagement of special legal services with the firm of Winstead PC for this additional legal effort. Winstead PC is a nationwide firm specializing in P3 developments and have offices in Austin. They have advised on several P3 projects in the central Texas region including the Travis County Courthouse Complex and mixed use development and the University of Texas multi-purpose arena.
This item meets all four of the Council’s Strategic Goals, as well as Goal 2.2 of the Aspire 2040 Comprehensive Plan to pursue a mixed-use project with municipal facilities through a master developer arrangement.
Downtown East History
The Downtown East project is located on +/-29 acres located at the northwest corner of Pecan Street and FM 685. Discussions for Downtown East have included aspirations to leverage the central Pflugerville location to become a mixed-use development with connections to Main Street and the City's hike and bike trail network anchored by The Monarch and new city hall.
Prior City Council Action
• On April 22, 2025, City Council approved the first amendment to the ground lease with Griffin/Swinnerton for the project.
• On March 11, 2025, City Council approved an extension to the Preliminary Development Agreement (PDA), and Purchase and Sale Agreements (PSA) for City Hall and The Monarch.
• On November 26, 2024, City Council approve a ground lease with Griffin Swinnerton for construction of the project
• On November 12, 2024, City Council approved a purchase and sale agreement related to the infrastructure for the project, a license agreement, and a memorandum of understanding for recreation center retail.
• On August 13, 2024, City Council approved the rezoning of the Downtown East Project to Planned Unit Development (PUD)
• On November 28, 2023, City Council approved a Preliminary Development Agreement for the project
• On March 28, 2023, City Council approved an Exclusive Negotiating Agreement for the project
• January 24, 2023, City Council approved an agreement with Winstead PC for special legal services for the Downtown East project
• On January 10, 2023, City Council approved the selection of Griffin Swinerton and Catellus as the master development team for the Downtown East project.
• On July 26, 2022, City Council authorized staff to proceed with the solicitation of a master developer, project funding, a pursuing a request for funding from the Pflugerville Community Development Corporation (PCDC)
• The Downtown Community Stakeholder Committee was appointed by City Council on May 10, 2022 and reappointed on June 14, 2022
• Goals were adopted by City Council for the project on April 12, 2022
• Professional Services Agreements were approved by City Council January 25 and February 28, 2022 for owner's project representatives and advisor services
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes __ No _X_ N/A __
Funding Source: TIRZ and Master Developer (Griffin/Swinnerton)
Amount: $95,000 ($65,000 paid by the City; $30,000 paid by Griffin Swinnerton)
1295 Form Required? Yes __ No __
Legal Review Required: N/A __ Required _X_ Date Completed: May 22, 2025
Supporting documents attached:
Professional Services Agreement
Attachment A - Scope of Services
Recommended Action
Motion to approve as presented.