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HomeMy WebLinkAbout20A - AA THIRD & BROADWAY CONSULTANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2018 kIHq=; APPROVE AN AMENDMENT TO AGREEMENT WITH ELISA STIPKOVICH FOR CONSULTANT SERVICES RELATED TO THIRD AND BROADWAY PROJECT AND AN APPROPRIATION ADJUSTMENT (STRATEGIC PLAN NO. 3, 5A) r-- CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Elisa Stipkovich for consultant services related to the Third and Broadway development project to increase the compensation by an additional $25,000 for a total contract amount not to exceed $50,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $53,561.37 in Miscellaneous Revenue Expense Reimbursement account (no. 01102002-57000) and appropriate the same amount to the Community Development Agency's Economic Development Contract Services expenditure account (no. 01118810-62300) for the reimbursement agreement with Caribou Industries. DISCUSSION Consultant Elisa Stipkovich has been lead negotiator for processing deal points for the Third and Broadway Project. The project is moving forward with applications expected shortly. The City is in need of expending more funds on the Consultant to be reimbursed by the developer. This report appropriates the funds into the proper accounts for expenditure. On March 21, 2017, the City Council authorized the City Manager and Clerk of the Council to enter into an Exclusive Negotiation Agreement (ENA) with Caribou Industries for the Third and Broadway project. To assist with the negotiations, the City entered into a contract with consultant Elisa Stipkovich to lead negotiations for the City and identify transaction business terms. On January 16, 2018, the City Council approved a restated Exclusive Negotiation Agreement and an amended reimbursement agreement with Caribou Industries, which extended the negotiation 20A-1 Agreement with Elisa Stipkovich August 21, 2018 Page 2 period of the project and identified specific business transaction terms between the City and Caribou Industries to move forward with the development of the Third and Broadway parking garage. City Council also approved an appropriation adjustment to recognize the potential $100,000 in reimbursement from Caribou Industries for the City's expenses related to the services provided by Elisa Stipkovich and Kosmont Companies. Of that total, $46,438.63 was expended for the project and a balance of $53,561.37 remains at the end of FY 2017-18. The next step in the process will be to prepare and present a Disposition and Development Agreement (DDA) with more detailed business terms to City Council for consideration. The DDA will further describe the terms of the transaction, including a schedule of completion with milestones for the developer to achieve. The City will not convey the site until the developer has met all the obligations defined in the DDA, obtained all approved permits and entitlements, and provided proof of financing for the project. In order to develop the Disposition and Development Agreement and finalize all business terms between the City and Caribou Industries, staff is recommending amending the scope of work with Elisa Stipkovich for these services. The consultant's new scope of work is attached as Exhibit 1 to the amendment to the agreement. This contract amount has been included under the reimbursement agreement entered with Caribou Industries to cover costs associated with the negotiation and execution of the ENA and DDA. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 (Economic Development), Objective #5 (Leverage private investment that results in tax base expansion and job creation citywide), Strategy A (Identify and market underutilized properties for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT Approval of the appropriation adjustment will recognize $53,561.37 in the Miscellaneous Revenue Expense Reimbursement account (no. 01102002-57000) and appropriate the same amount to the Community Development Agency's Economic Development Contract Services expenditure account (no. 01118810-62300) in the FY 2018-19 budget. Thereafter, funds will be available in the Economic Development, Contract Services account (no. 01118810-62300) for the amendment to the agreement with Elisa Stipkovich. -25k, AA - Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Sergio Vidal Co Assistant Director Finance and Management Services Agency Exhibit: 1. Amendment to Agreement with Elisa Stipkovich including new scope of work 20A-2