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08/04/16
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Observations/Alternatives: <br /> OBSERVATIONS <br /> Listed below are terms/conditions/observations related to the attached purchase agreement that staff considers <br /> important to highlight for potential discussion. <br /> (1)Policy Compliance <br /> The attached PA is simply an edited version of the City's adopted"template PA." Therefore,it generally <br /> appears to be in compliance with City's land sale policies. Because no subsidy is being requested, staff did not <br /> check this project against our business or housing subsidy policies. <br /> (2) Offer Price <br /> The attached offer of$230,000 appears to be a reasonable asking price ($261,000 CBRE asking price).It <br /> should be noted, OGA adjusted their purchase offer on this property to account for the required road <br /> extension(hence the roughly$30,000 discrepancy). <br /> (3)Earnest Money <br /> $10,000 to become hard after contingency period(4%). <br /> (4) Contingency Period <br /> 180 days after effective date. <br /> (5)Extension Option <br /> If the buyer decides to extend contingency period, they will be required to place$5,000 of additional dollars <br /> in earnest for each 30 day extension(max of two). <br /> (6) Construction Deadline <br /> This agreement does include a construction deadline. However,it is not a"strong"restriction(see provision <br /> 430 in the PA). OGA negotiated to remove the City's ability to legally enforce this provision(i.e. a recorded <br /> right-of-re-entry or financial penalty). Generally, staff is not too concerned about this provision for this <br /> particular development. The intent of the construction deadline provision(within the City's land sale policy) <br /> was to protect the City from two scenarios(1)a developer buying more land than what's needed for a <br /> primary development proposal--and sitting on the remainder for future speculative development, and(2) <br /> provide the City assurances on a proposed project in exchange for a business subsidy. <br /> (7)Development Agreement <br /> This agreement requires the buyer to complete the entitlement process before closing. This ensures the City <br /> knows what will be constructed, and that it will comply with zoning code,before closing. This Purchase <br /> Agreement also requires OGA to provide visual renderings for architectural review by the Planning <br /> Commission and City Council (which is consistent with the City's land sale policy). However, OGA <br /> negotiated to remove the City's express ability to approve/deny the project simply based on if we like the <br /> way the project looks (i.e. we don't have any way to legally enforce our architectural review provision). With <br /> that said,the OGA project still must comply with City zoning regulations and COR Design Standards--which <br /> are fairly strict.Additionally, OGA has a track record of completing quality projects--and has indicated an <br /> interest to complete a nice looking project in The COR. <br /> CONSIDERATIONS <br /> -development fees (paid by developer): $4,838 parks, $1,090 trails, $6,131 trunk water, $3,391 trunk sewer, $4,577 <br /> storm water management. <br /> -tax base: about$34,375 in total annual property taxes(due to TIF 14,the City will collect roughly$282,000 from <br /> this project for public improvements in The COR over the next 22 years). <br /> -medical use customers (drive traffic to The COR) <br /> -helps provide momentum in Ramsey's goal for a medical office park on the east end of The COR <br /> -reasonable sale price ($230,0000, less CBRE and CRE commissions* and closing fees,will result in little land <br /> proceeds--about$205,000 for the City) <br /> Alternatives <br />
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