WARNER ROBINS, Ga. — Perkins Field developers are threatening to sue the city of Warner Robins for more than $3.5 million if they do not follow through on their side of the agreement.
The Perkins Field development project has been a hot topic in Warner Robins for years, and now, the companies the city brought in for the housing development say the city isn't living up to its end of the bargain.
In August, Warner Robins city council approved leading the Perkins Field ball field to developers who would build a 90-unit affordable housing complex with commercial space.
Now, Mayor Randy Toms says the deal is dead, but he's not responsible.
"The community at large didn't want multi-family dwellings to jump-start our downtown development," said Toms.
Two weeks ago, the developers sent Toms a letter saying they'll file a more than $3.5 million legal action against Warner Robins if the project doesn't go forward, but Toms says he thought the deal was already off.
"It was my understanding that, even on a state level, that it was told that this deal was over," said Toms.
He said Economic Development Director Gary Lee told him the project had been killed and it was all taken care of.
Denis Blackburne, the Senior Vice President of Development with Woda-Cooper said that's not true and there were never any conversations about killing the project.
"We would like the city just to honor what they have told us, what their commitments have been. We have contracts and letters in place," said Blackburne.
One of those letters, he said was a written commitment signed by Lee on May 22, 2018, saying the city would pay $1.7 million from a TAD bond.
That would use tax money paid by property owners in a special district used to fund improvements in that section of the city.
Toms said the only thing he has signed off on was an Owner Environmental Questionnaire and Disclosure Statement, which Woda-Cooper said was on May 23, 2018.
"I didn't sign the document giving them $1.7 million through a TAD bond that didn't exist," said Toms.
Blackburne said in December of last year, the city approved a tax abatement for Perkins Field.
Toms said in one of the meetings he had with Woda-Cooper representatives, the word "crook" was used to describe some of the outside consultants or attorneys the city brought in.
Toms said he would like some answers as to what they meant by that.
When 13WMAZ asked Blackburne about that allegation, he said he had no comment on the matter.
The letter from Woda-Cooper's legal counsel, Reno and Cavanaugh, PLLC, says the city has 15 days to execute the ground lease, submit items to the Department of Natural Resources and issue building permits.
Woda-Cooper's letter claims the city is "failing to abide by its legal obligations out of a fear that the Perkins Field Development will bring low-income and minority residents into the downtown area."
Toms said that is a "bold-faced lie."
"To say or infer that I am a racist, that I don't want minorities, and this city is a racist community is just a flat lie."
Blackburne said that allegation comes from when they were shown an alternate property in the 100-year-old flood plain. He said that was "not at all suitable for such developments," and that it was "very much a different part of town."
The letter also says the developers have spent over $1 million on third party expenditures.
Toms said the city never asked them to spend that money and he was concerned from the beginning how much they were spending on a property they did not even know if they could use yet.
Mayor Toms also said the current council cannot be held responsible for any resolutions that previous council passed.
As of Wednesday, the city has two more days to respond and Blackburne said they intend to take action if they don't.
"We will definitely be taking action whether it's day 15 or shortly thereafter," said Blackburne.
When 13WMAZ asked Toms if he is worried, he said this:
"I mean, nobody likes to see those numbers, so, I mean, sure. Sure, I’m a little worried, but I think also I’m only worried because I don’t know what the ground rules are."
He said even if they can avoid legal action from Woda-Cooper and Parallel Housing, it may still cost them something to get out of the contract for good.
RELATED: Supporters, detractors both vocal at Warner Robins Perkins Field affordable housing project hearing
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