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purchase offer for the subject property. It was requested, a new/revised PA come forward and be considered <br />based on the newly proposed zoning standards RATHER than amending the original PA; which, was <br />considered and executed based upon on previous zoning standards. In summary, the HRA preferred to review <br />a new PA based on existing market conditions (in this case, the proposed Zoning Amendment). <br />Included in this case are comments from CBRE, the City's real estate broker, related to how the proposed <br />Zoning Amendment would effect the City's adopted pricing strategy for the subject property. In summary, <br />with the proposed zoning amendment in mind, CBRE has indicated the existing pricing strategy for the <br />subject property would not change; and, that the existing offer from PSD LLC is still a fair, market -rate, offer. <br />Notification: <br />Observations/Alternatives: <br />Attached to this case is a new Purchase Agreement. Below is an outline of changes made to the original agreement: <br />1. Termination and closing dates were changed to May 01, 2015. <br />These changes were made to reflect the actual project timeline and allow sufficient time for Buyer <br />due -diligence; and, to add consistency with other contingencies outlined in this Purchase Agreement (e.g. F. <br />Government Approvals). Staff did discuss this amendment with CBRE, the City's real estate broker. It was <br />indicated by CBRE, a 6-9 month due -diligence period on a large land transaction is not uncommon in the <br />marketplace. <br />2. Government Approvals Contingency Updated <br />Previously, this contingency was vague and provided reference to no specific government approvals. As a <br />result, it was unclear what the Buyer's expectations were; and, what specific government approvals would <br />trigger completion of this contingency. This amendment provides clarity within the PA; and allows for a <br />realistic timeline to be established for this contingency to be executed (subsequently, for the PA to be closed). <br />In addition to the items mentioned above, reference to the proposed COR-1 Zoning District Amendment <br />discussed in the background section of this case was added. This Zoning Amendment is being discussed by <br />the Planning Commission on October 09. Details on this case can be found on the published Planning <br />Commission agenda. <br />3. Project Assistance Notification Section. <br />The Buyer has indicated they would like a clause added to this agreement notifying the City of their position <br />on potential project assistance. The PA currently under consideration by the HRA is a market -rate land <br />transaction requiring no government subsidies or financial assistance. However, the Buyer has indicated, in <br />the future (i.e. outside of this PA) a request for project assistance is a possibility. A potential future project <br />assistance request would be made based off of existing market conditions and project pro forma; which, are <br />unknown today. The Buyer has requested this clause to added to the PA to provide transparency to their <br />position on developing the subject property. <br />In 2013, the City adopted a Housing Assistance Policy. If/when a request for project assistance from the <br />Buyer comes forward, staff would recommend it be reviewed in context of the Housing Assistance Policy, <br />along with other applicable City policies and standards, at the time of the request. Staff would like to note, <br />this clause does not require, bind or obligate the City to provide any project assistance to the Buyer. <br />ALTERNATIVES <br />A. Approve the proposed purchase agreement (staff recommendation) <br />This alternative is discussed in the staff recommendation section of this case. <br />B. Amend the proposed purchase agreement <br />It is possible, portions of this agreement are undesirable/not acceptable to the HRA. If so, Staff would recommend <br />amending and approving the proposed agreement. For example, HRA members may prefer the COR-1 Zoning <br />District to be effectively amended before signing this PA. <br />