Pateros council denies fourth extension on Rock Gardens project

Rock Garden Holdings owner Chris Anderson addresses the Pateros city council on Nov. 18.

MIKE MALTAIS/WARD MEDIA

PATEROS—After seven years and three extensions, the city council took the first step to pull the plug on Rock Garden Holdings' development of a commercial/residential building involving eight lots in downtown Pateros. Following an executive session, the motion to grant a fourth extension was unanimously rejected.

A timeline summary of the project compiled by the city clerk: 

• Sept. 20, 2017: Closing date of property sale to Rock Garden Holdings.
• Oct. 13, 2017: Real Estate Purchase and Sale Agreement for $48,000 ($6,000/lot) signed.
• Nov.  8, 2017: Agreement for Development signed. Completed project date of Nov. 8, 2019.
• July 14, 2020: Amendment to Agreement for Development signed. Completed project extended to June 15, 2022. A monetary penalty included in the amendment stated Purchaser will pay $1,000 per month (paid quarterly) to the city. If project is completed by June 15, 2022, all penalty money would be returned to Purchaser.
• June 28, 2022: A lien filed against Rock Garden Holdings for non-payment of the penalties.
• Dec. 16, 2022: A release of notice of lien filed after $32,317.82 in penalties were paid in full.
• Dec. 20, 2022: Second Amendment for Development signed. Completed project extended to Dec. 20, 2023. In event of default of second amendment. Purchaser agreed to convey back to the city any and all interest it may have in the property.
• March 19, 2024: Third Amendment for Development signed. Completed project extended to Nov. 22, 2024. Agreement states that if Purchaser completes the civil components of development by Nov. 22, 2024, the city council may grant an extension of completion of the obligations under this agreement to Nov. 22, 2025.

The civil components Anderson committed to complete included power, site drainage, some retaining wall work, water hookups, sewer connections, and all underground work.

“What we want to see if progress,” said council member Frank Herbert last March, “because the initial agreement was seven years ago,”

Clerk/treasurer Kerri Wilson said that had Anderson moved forward with any civil components such as purchasing a building permit, performing engineering, or installing underground utilities, the city would have considered extending another year.

“He’s not done anything,” said Wilson. “It’s been seven years.”