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<br />Request for Action <br /> <br /> <br />To Item Number <br /> <br />Mayor and City Council 8.4 <br />Agenda Section Meeting Date Prepared by <br /> <br />General BusinessMarch 16, 2015Jeremy Barnhart, Deputy Director, CODD <br />Item Description Reviewed by <br /> <br />Sale of Lots 1 and 2, Block 2, Natures Edge Cal Portner, City Administrator <br />Business Center II (Sportech) <br />Reviewed by <br /> <br /> <br />Action Requested <br /> <br />Respond to Purchase Agreement received for Lots 1 and 2, Block 2, Natures Edge Business Center II <br />(NEBC II) (Envision Companies, dba Sportech). <br /> <br />Background/Discussion <br /> <br />The EDA is expected to provide a recommendation, after their meeting on March 16, 2015. This <br />recommendation will be provided verbally. <br /> <br />The city has received a Purchase Agreement to purchase Lots 1 and 2, Block 2, NEBC II from Envision <br />Companies, the parent company of Sportech. <br /> <br />The purchase agreement proposes the purchase of the two lots for 50 cents each. Envision Company <br />desires to retain tax abatement income to fund their projects. Envision proposes to place $15,000 in <br />escrow pending the closing. Escrow dollars would be used for buyer’s closing costs. <br /> <br />Envision proposes closing by July 31, though this date may be extended up to 30 days at their discretion. <br />The contingency date is the closing date; contingencies include: environmental testing, land use approvals <br />(rezoning, lot combination, easement vacation, site plan approval), title, city obligations, and financing. <br /> <br />Analysis <br />The agreement proposes the sale of the two lots for 50 cents each, with no mechanism to reimburse the <br />city for the value of the land or the cost of the infrastructure improvements. The sale of land for less <br />than market value is considered a business subsidy. The EDA attorney recommends that the city not <br />accept the purchase agreement until the public hearing process for the business subsidy has concluded to <br />preserve due process associated with a public hearing. If the EDA wishes to agree to the purchase <br />agreement, a contingency of business subsidy approval should be added. Based on lot size, it cost <br />approximately $500,000 to improve the two lots. <br /> <br />In the past, the city has sold land for one dollar (Sportech in 2008, Preferred Powder Coating in 2013). <br />Preferred’s agreement included collection of tax increment from the school district and the county; that <br />money was paid to the development fund. In 2008, the city sold 9.3 acres to Envision for $1, with the <br />balance of the land value returned to the city from city and county tax abatement receipts. In 2005, the <br />city used tax abatement to write down the land cost on four projects (Alliance Machine, CDI, MET, and <br /> <br />