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File #: 2023-0225    Version: 1 Name: Downtown East - ENA
Type: Agenda Item Status: Approved
File created: 3/1/2023 In control: City Manager Office
On agenda: 3/28/2023 Final action: 3/28/2023
Title: Discuss and consider approving an Exclusive Negotiating Agreement (ENA) with Griffin Swinerton and Catellus for the development of Downtown East and authorizing the City Manager to execute the same.
Attachments: 1. Downtown East - Exclusive Negotiating Agreement (Mar 28, 2023)

Title

Discuss and consider approving an Exclusive Negotiating Agreement (ENA) with Griffin Swinerton and Catellus for the development of Downtown East and authorizing the City Manager to execute the same.

Summary

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 proposed new multi-generational recreation center and new city hall.  On January 10, 2023, Council approved the selection of Griffin Swinerton and Catellus as the master developer team for the Downtown East project. 

 

An Exclusive Negotiating Agreement (ENA), is an agreement with the selected master developer team, that establishes the expectations of the partnership and performance of preliminary development activities necessary to achieve the goals outlined by City Council for the Downtown East project.  The ENA outlines the general roles, as well as the responsibilities, terms and obligations of both the City and the City's development partner.  Additionally, the ENA acknowledges that the City and the development partner agree to work exclusively in pursuit of the successful development of Downtown East and there will be no negotiations with other entities on this project.  Lastly, the ENA recognizes the need for additional agreements, referred to as Definitive Agreements, that will come as the development progresses.

 

Future CIty Council Action

Next steps for the development of Downtown East will be entering into the concept refinement phase and additional agreements, including the master development agreement, to proceed with the development of the Downtown East project.

 

Prior City Council Action

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.

 

Deadline for City Council Action

Action is requested on March 28, 2023

 

Funding Expected: Revenue __  Expenditure __  N/A _X_ 

Budgeted Item: Yes __ No __  N/A _X_                     

Amount: ________ 

1295 Form Required? Yes __ No __                     

Legal Review Required: N/A ___ Required __ Date Completed: March 24, 2023                                          

 

Supporting Documents

Exclusive Negotiating Agreement

 

Recommended Action

Motion to approve as presented.