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File #: ORD-0801    Version: Name: Downtown East - Ground Lease
Type: Ordinance Status: Consent Second Reading
File created: 10/30/2024 In control: City Council
On agenda: 11/26/2024 Final action:
Title: Approving an ordinance on second reading with the caption reading: An ordinance authorizing the lease of city property to Griffin/Swinerton, LLC; providing cumulative, repealer and severability clauses; providing for open meeting and establishing an effective date.
Attachments: 1. Ordinance, 2. Ground Lease Agreement

Title

Approving an ordinance on second reading with the caption reading: An ordinance authorizing the lease of city property to Griffin/Swinerton, LLC; providing cumulative, repealer and severability clauses; providing for open meeting and establishing an effective date.  

 

Summary

Phase One of Downtown East includes the construction of the Multi Generational Recreation Center, City Hall, retail, parking, a plaza and related infrastructure which encompasses utilities and roadwork.  The proposed ground lease, leases the 29-acre parcel to Griffin Swinerton, for the purpose of completing the design and to develop, construct, furnish and equip Phase One of the project. 

Project 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 proposed new multi-generational recreation center and new city hall. 

An Exclusive Negotiating Agreement (ENA) was approved on March 28th, which established the expectations of the development partnership and performance of preliminary development activities necessary to achieve the goals outlined by City Council for the Downtown East project.  The ENA outlined the general roles, as well as the responsibilities, terms and obligations of both the City and the City's development partners Griffin Swinerton and Catellus. The ENA recognized the need for additional agreements, referred to as Preliminary Development and Definitive Agreements, that come as the development progresses.

On November 28, 2023, Council approved a Preliminary Development Agreement (PDA) for the project.  The PDA process for the project is defined as a as a two-phase project with Griffin Swinerton as the master development partner. Within the PDA, Phase One was outlined and consists of all elements required for the delivery of a City Hall and café, Multi-Generational Recreation Center, 10,500sf of retail within the Recreation Center, a plaza, and infrastructure extensions including utilities, surface parking, and Main Street extension from Railroad to FM685. Through the PDA, Griffin Swinerton advanced the designs for Phase One allowing for the project to proceed with a guaranteed maximum price to deliver each facility as well as the infrastructure to support the project.  As part of the PDA, Griffin Swinnerton also committed to funding a minimum of $2.5M towards the delivery of 10,500 square feet of retail within Phase One of the project.  The approval of the PDA also included the master planning and entitlements for Phase Two of the Downtown East project in order to competitively position this portion of the project for future development as market conditions evolve.

Funding for improvements within Phase One includes General Obligation (GO) and Certificate of Obligation (CO) bonds, Tax Increment Reinvestment Zone (TIRZ) funds, Pflugerville Community Development Corporation (PCDC) budget allocation, and contributions by Griffin Swinerton. 

 

Future City Council Action

A professional services agreement related to the Multi Generational Recreation Center and City Hall will be considered by Council in early 2025.  Future consideration related to the retail component of the Multi Generational Recreation Center include commercial condominium documents, parking agreement, and a retail agreement are anticipated for consideration by City Council in early 2025.

Prior City Council Action

On November 19, 2024, City Council approved the ordinance on first reading.

On November 12, 2024, City Council approved a purchase and sale agreement related to the infrastructure for the project, a license agreement, a memorandum of understanding for recreation center retail and a resolution in authorizing TIRZ funding in support of a parking structure.

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

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 November 19, 2024

 

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 _X_ Date Completed: November 7, 2024

 

Supporting Documents

Ordinance

Ground Lease Agreement

 

Recommended Action

Approve the ordinance on second reading.