The developer is asking for some major changes in the agreement. Basically, they want to scale-back the project while keeping the same incentives, as well as extending the deadline. Here's an excerpt from a conversation on Nextdoor:
"(1) The deadline extensions are unconscionable. Homeowners and business owners now face uncertainty until at least December 31, 2022. Section 7.2(c). The initial deadline for acquiring property or initiating eminent domain was next month, by June 13, 2020. Sections 3.1(b) and 3.3. The deadlines in those sections are extended to at least December 31, 2021, which is also unconscionable. But the real extension is to at least December 31, 2022.
(2) Changing the definition of “Initial Work” has serious implications. It is not just a change in a definition in Section 1.1. The change calls into question whether there will be a Costco Warehouse and the expected revenue from the project. Reduction of the “Initial Work” for the “North Phase Anchor site” to 16 acres and to “an end-user or tenant that will occupy at least 100,000 square feet” calls into question whether the anchor tenant is a Costco Warehouse. In all the previous plans, the proposed Costco Warehouse was 158,000 sf. The “anchor tenant” might now become a Costco Business Center, which is smaller in size and acreage, as some residents speculated before and the Developer assured would not happen. Or it might be for a different end-user than Costco. A smaller Warehouse, a Business Center, or a different anchor tenant will all result in less revenue. Council needs to discuss publicly and hear explicitly from the Developer and from Costco, and from the City’s paid staff and advisors, what this reduction of the Initial Work really means for the planned development and for revenue.
(3) Similar concerns as (2) about the reduced scope of and the reduced revenue from the South Phase in the definition change, and in Section 5.1(d).
(4) The new Section 3.1(g) reduces the Developer’s letter of credit obligations with eminent domain from $3 million to $1 million. That may help the Developer with financing but does not help the City. Council needs to discuss publicly and hear explicitly from the City’s paid staff and advisors why this reduction is in any way beneficial to the City and why the Tsai Family properties (8612 and 8630 Olive) are being singled out in this provision.
(5) The fact that the Developer is still unable to finance this project is extremely troubling. The Developer, with the blessing of the City, or at least of several City Council members, began this project including acquiring property or option contracts more than three years ago. The project went public more than two years ago with the enthusiastic support of every Council member and the City Manager. The project was approved by the TIF Commission (based on erroneous information) 21 months ago. The Redevelopment Agreement was made public and almost approved 16 months ago. Council approved the Redevelopment Agreement 11 months ago. Despite the proposed amendment to Section 7.7(a), the recent COVID-19 pandemic had nothing to do with the difficulty of obtaining financing. I can only surmise that professional lenders and risk managers deem the project unfeasible or at best marginal similar to the way the alleged benefits to the City became at best marginal. Council needs to discuss publicly and hear explicitly from the Developer, and from the City’s paid staff and advisors, why the Developer is not able to finance this project."
Here's a link to the City Council Meeting agenda item, detailing the proposed changes (starting at page 93):
https://www.ucitymo.org/DocumentCenter/ ... da-Packet-