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Staff Report PREPARED BY: MATT MORLEY Director of Parks and Public Works Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 05/02/2017 ITEM NO: 9 DATE: APRIL 21, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: APPROVE AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH PRESIDIO DEVELOPMENT PARTNERS, LLC FOR A MIXED USE PARKING GARAGE LOCATED DOWNTOWN (224 WEST MAIN STREET) RECOMMENDATION: Approve an Exclusive Negotiating Rights Agreement (ENRA) (Attachment 1) with Presidio Development Partners, LLC (Presidio) for a mixed use public parking and residential development located downtown (224 West Main Street). BACKGROUND: On September 20, 2016, the Town Council authorized the Town Manager to enter negotiations with Presidio for an ENRA. The ENRA outlines the terms for the preliminary work necessary to reach agreement on the development of a project. Through an ENRA, the expectations of both the Town and Presidio are documented and agreed upon. To help with the garage project, the Town has brought on a consultant, Keyser Marston Associates, who has significant experience in public private partnership agreements and will guide the Town throughout the project. DISCUSSION: The ENRA provides the opportunity to explore a potential project with commitments from both Presidio and the Town. For the Town’s part, the Town has engaged solely with Presidio in working toward a project. Presidio would use this commitment to justify moving forward with expenditure in the necessary design and studies to fully explore the project as envisioned. The outcomes of the negotiating period identified in the ENRA are to create the design for a project PAGE 2 OF 3 SUBJECT: APPROVE AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH PRESIDIO DEVELOPMENT PARTNERS, LLC FOR A MIXED USE PARKING GARAGE LOCATED DOWNTOWN (224 WEST MAIN STREET) APRIL 21, 2017 S:\COUNCIL REPORTS\2017\05-02-17\Parking Garage Agreement\Staff Report FINAL.docx 4/27/2017 10:06 AM MM DISCUSSION (cont’d): that works for the Town and to facilitate the negotiation of a mutually satisfactory Predevelopment Facilities Agreement (PFA). The ENRA identifies several important elements:  Public outreach is critical. The Town and Presidio will engage numerous stakeholders in order to understand the elements that will help the project be successful and to adjust the project to accommodate these elements.  A preliminary concept design is necessary to begin the discussion. This concept will begin to identify the structure and will provide scaled images for the Town and other stakeholders to provide input. This will be an iterative and interactive stage where the input drives revisions.  The project design will incorporate a pro forma budget to allow for the Town to understand how the design will impact the costs. This will allow for discussions on project financing as well.  The project schedule front loads public outreach, emphasizing the importance of this element, and outlines timing commitments for deliverables.  The Town will retain its rights for approval of the development proposal as the permitting authority. Although the goal is to meet housing and parking needs, nothing in the ENRA commits the Town to proceeding with a project.  The Town will incur expenses for its consulting agreement with Keyser Marston, legal services, and staff costs associated with the administration and negotiation of the PFA. Presidio will be responsible for the costs of design and numerous studies. The Town will have the option to purchase design documents if no project advances with Presidio. Upon approval of this agreement, Presidio will begin work according to the tasks and timeline identified in the ENRA. CONCLUSION: Staff recommends that the Town Council approve an Exclusive Negotiating Rights Agreement (ENRA) (Attachment 1) with Presidio Development Partners, LLC (Presidio) for a mixed use garage located downtown (224 West Main Street). COORDINATION: This report has been coordinated with the Town Attorney. PAGE 3 OF 3 SUBJECT: APPROVE AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH PRESIDIO DEVELOPMENT PARTNERS, LLC FOR A MIXED USE PARKING GARAGE LOCATED DOWNTOWN (224 WEST MAIN STREET) APRIL 21, 2017 S:\COUNCIL REPORTS\2017\05-02-17\Parking Garage Agreement\Staff Report FINAL.docx 4/27/2017 10:06 AM MM ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Exclusive Negotiating Rights Agreement