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<br />D. The Whole Foods Project and the Parking Project are consistent with the <br />Implementation Strategies and Policies. <br /> <br />E. B&H has proposed, and the City of Eugene ("City") has agreed, that the City will <br />participate in the development of the Parking Project. After construction of the <br />Parking Project, B&H shall establish condominium units and City shall purchase <br />the Parking Facility (which shall be comprised of the parking facility, including a <br />ground level commercial space, but not the space intended for use by the Credit <br />Union), for approximately$6,700,000. <br /> <br />F. B&H proposes to act as the developer of the Parking Project and provide <br />necessary developer-related services including, but not limited to, contracting for <br />design services; conducting environmental investigations of the area in and <br />around the Parking Project; obtaining all necessary government approvals and <br />permits necessary for construction; selecting and contracting with a general <br />contractor to construct the Parking Project; creating condominium units; post- <br />construction, transferring ownership of the Parking Facility to the City; and <br />providing such other services as may be described in the Agreement for the <br />Disposition and Development of Property between the City of Eugene and B&H <br />(the "DDA"). The Parking Project is scheduled to be completed by the fall of <br />2007. <br /> <br />G. B&H has indicated to City that B&H wishes to select and enter into two separate <br />construction contracts with Lease Crutcher Lewis, LLC ("LCL") as the general <br />contractor for both the Whole Foods Project and the Parking Project. <br /> <br />H. It is the policy of the City to utilize public contracting practices and methods to <br />maximize the efficient use of public resources and purchasing power of public <br />funds. Absent particular circumstances, such rules and laws require the City to <br />use a competitive selection process to select a developer to provide the types of <br />services offered by B&H and to select and award a contract to a general <br />contractor. <br /> <br />I. The particular circumstances of the Parking Project, including the development <br />proposal presented by B&H involving both the Whole Foods Project and the <br />Parking Project (together, the "East Broadway Development Projects"), the <br />needed level of experience and the current schedule for completion of the Parking <br />Facility, do not allow for such a competitive selection process. Instead, the City <br />Council, after considering the attached findings, wishes to directly procure <br />developer-related services from B&H and to further authorize B&H to directly <br />select LCL as the general contractor for the Parking Proj ect, as set forth in the <br />DDA. <br /> <br />NOW, THEREFORE, <br /> <br />Resolution - 2 <br />