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Council PKT 03-23-2010 SpecialCITY OP ;� Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL MEETING March 23, 2010 Hylebos Conference Room - City Hall Immediately Following Adjournment of the Finance, Economic Development & Regional Affairs Committee www. cityoffed eral wa y. com 1. CALL MEETING TO ORDER 2. COUNCIL BUSINESS • Purchase and Sale Agreement for Former AMC Theaters Site - Action Anticipated 3. ADJOURNMENT COUNCIL SPECIAL MEETING DATE: March 23, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: PURC�IASE AND SALE AGREEMENT FOR FORMER AMC THEATERS SITE POLICY QUESTION Should the City Council extend the Purchase and Sale Agreement with United Properties for the former AMC Theaters site? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Patrick Doherty Economic Develo_pment Director_____DEPT Manager __ ----..._ _ _ __..._.�_�_�__._�..._.,.._ _____ _.___.. _..__. _ ... � .._---..,._____..._._....�.__._....._.._...._ _____ Attachments: Letter from Unitea Properties, dated March 17, 2010 : : �:{e�:�i111�� 1� The City of Federal Way entered into a Purchase and Sale Agreement with United Properties for the former AMC Theaters site in December 2007. The closing date established in that Agreement was originally set for 9/11/08, but was first extended for one year until 9/11/09. On 9/10/09 the City Council approved an additional extension of that closing date until 11/4/09 for the purposes of allowing United Properties to negotiate a potential agreement with Lander Korus to take over the Agreement and close on the property. Two additional extensions have been subsequently approved by City Council, allowing Lander Korus to attempt to close on the property by 3/31/10. Lander Korus is a local real estate development firm that has been attempting to secure funding far the highrise, mixed-use "Symphony" project, originally proposed by United Properties. They are currently negotiating with financial entities interested in providing financial backing to this project; however, they believe more time is necessary to finalize a financing package with one or more of these companies. United Properties has submitted an official letter requesting an additional extension of the closing date for up to whatever time period City Council deems appropriate. It should be noted that on March 16, 2010 Lander Korus requested up to 60 days. The City Council retains the authority to allow assignment of the Purchase and Sale Agreement from United Properties to another party. If City Council approves the requested extension of the closing date, it continues to retain the authority over eventual assignment of the contract from United Properties, which it may consider now or at any time prior to the closing date. PROPOSAL: Staff recommends two options far City Council consideration: Option l: Extend the closing date of the Purchase and Sa1e Agreement with United Properties for the former AMC Theaters site until June 15, 2010 allowing for consideration of potential assignment of the Purchase and Sale Agreement from United Properties at a future City Council meeting prior to that date; or Option 2: Reject the proposal for an extension of the Agreement's closing date. STAFF RECOMMENDATION: N/A CITY MANAGER APPROVAL: COMMITTEE RECOMMENDATION: N/A APPROVAL: Committee Chair Committee 1Vlember Committee 1Vlember PROPOSED COUNCIL MOTION(S): "I move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: � APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO AC1'ION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 02/06l2006 RESOLUTION # UNffED PROPERTIES LTB March 17, 2010 City of Federal Way 33325 8�' Avenue South Federal Way, WA 98003 A►ttention: Patrick Dohertv, Economic Develovment Director Dear Sirs: Re: Former AMC Site, Citv of Federal Wav — Svmphonv Development Further to the Property Purchase and Sa1e Agreement with respect to the above-mentioned property. Uruted Properties is requesting Council's approval of an extension of the Closing Date of March 31, 2010 to whatever date the Council deems appropriate to afford the other parties interested in assuming the Purchase and Sa1e Agreement su�cient time to finalize a financing commitment. This extension would be pursuant to an agreement that any additional conesponding carrying costs, as determined by the City, for the period of any extension granted would be the responsibility of the party(ies) pursuing potential assumption of the Agreement. We tliank Council for their consideration of this request. Very truly yours, Unit P operties- S phony, LLC Davi on, President Suite 550-2608 Granvilte Street, Vancouver, B.C., V6H 3V3 Phone: 604.736.3864 Faz: 604J36381 1