Res 2025-208 approving a Conceptual Planning Agreement with Upward Communities for redevelopment in downtown San Marcos known as the Hopkins Redevelopment Project, including a new City Hall

Home Browse Search

(a) General. The Preliminary Development Activities will be conducted in two phases described herein as the "Concept Refinement Phase" and the "Predevelopment Phase", each as further described below. (b) Concept Refinement Phase. The Concept Refinement Phase shall commence on the Effective Date and conclude upon the Developer's delivery and presentation of the Final Development Proposal (defined below). During the Concept Refinement Phase, the Parties will establish a comprehensive development concept and feasibility plan, which will culminate with a final development proposal (the "Final Development Proposal") to be prepared and submitted by the Developer for consideration and approval by the City Council. During the Concept Refinement Phase, the Developer will perform the following Preliminary Development Activities: (i) Preliminary feasibility due diligence activities with respect to the Development Site, including environmental assessments, title and survey review, utility studies, traffic and parking analysis, and floodplain analysis (the "Diligence Reports"); (ii) In coordination with City staff, prepare a community engagement plan and conducting up to two community engagement meetings for purposes of receiving community and stakeholder input regarding the Project; (iii) Defining the first phase for the Project, which shall include the design, development, and construction of a new City Hall complex ("Phase One"); (iv) Preparation of a site plan and conceptual designs, specifications and renderings for Phase One; (v) The preparation of a definitive plan of finance for Phase One of the Project and its respective components, including a high-level summary of the sources and uses of funds for each thereof; (vi) The Preparation of a budget and schedule for the Predevelopment Phase for additional Preliminary Development Activities to be conducted prior to the execution of the Definitive Agreements; and (vii) The Parties' negotiation of the principal business and legal terms for the Definitive Agreements. (c) Preliminary Development Schedule. E XHIBIT Battached hereto (the "Preliminary Development Schedule") establishes general timelines and milestones for the performance of the Preliminary Development Activities, as well as target dates for the delivery of the Final Development Proposal and the negotiation, execution and delivery of Definitive Agreements. Subject to the terms of this Agreement, the Parties agree to allocate sufficient staff resources and exercise good faith efforts to perform their respective obligations in a manner that will enable the Parties to achieve the milestones described in the Preliminary Development Schedule. However, the Parties also recognize and agree that the successful completion of the Preliminary Development Activities is contingent on facts and circumstances not yet known to the Parties or beyond their reasonable control, and the Parties may mutually agree to revise the Preliminary Development Schedule from time to time due to changing circumstances or force majeure. (d) Final Development Proposal. The Concept Refinement Phase will culminate in the preparation and delivery of the Final Development Proposal by the Developer, which will: C ONCEPTUAL P LANNING A GREEMENT (H OPKINS R EDEVELOPMENT P ROJECT) P AGE 4