Wanted: Someone to finish Middletown's sports complex

Hindsight is 20/20 for Middletown officials as they move forward with a partially completed sports complex in the Westown area.

After the Delaware Sports Complex was granted approval two years ago, six fields were completed. But financial woes stalled work for months before a legal battle in bankruptcy court ended one company's ownership of the Levels Road complex.

With a more clear understanding of the direction it wants to take and the legal battle in the rear-view mirror, Middletown officials wasted no time Tuesday in asking developers to submit proposals to finish the complex that is back in the town's hands.

Middletown Mayor Kenneth Branner Jr. made the town's desires clear.

"It would be our preference for someone to follow the plan as it exists," the mayor said. 

The request for proposals is for companies interested in constructing, maintaining and operating the multi-field complex with an indoor sports facility on approximately 170 acres of publicly owned land.

The time period for submissions ends Oct. 30. 

The town acted immediately after the United States Bankruptcy Court for the District of Delaware ruled it properly terminated a lease with Delaware Sports Complex LLC on Aug. 21 and the land reverted back to the town. 

Branner said he and town officials want to streamline the process to make sure work on the project – now called the Town of Middletown Sports Complex – can resume quickly.

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"We want to do it as fast as we can, but we want to do it where we know what it is we are looking at," he said. "The plan has already been approved as it exists, so if someone comes in and wants to make changes, it would have to go through the process again." 

Since giving conditional approval in August 2015 for a $13 million sports complex, work dragged before stopping last year.

The plan calls for 20 grass soccer fields, eight baseball fields, eight softball fields, and a 142,500-square-foot one-story indoor recreation facility, along with related amenities and a future location for a second 75,600 square-foot one-story facility,

After the town entered into a lease with the former owners in February 2016, work began on six soccer fields – two with irrigation and four without – at the Levels Road complex.

“They told us they were scheduling tournaments and were very adamant that things were going well," Branner said. "But then we started getting reports of unpaid bills and we knew something wasn't right."

A year later, the town presented Delaware Sports Complex with a notice of default related to the lease agreement. DSC subsequently filed for bankruptcy and claimed the Town of Middletown had no justification to terminate the sports complex lease.

In August, a bankruptcy judge ruled against DSC, saying the lease was properly terminated based on the owner's refusal to cure a number of default actions. 

One of the actions in question was DSC not signing a Delaware Department of Transportation recoupment agreement totaling $2.8 million that would have paid for multiple entrances to the facility and other roadwork.

BACKGROUND:Delaware Sports Complex in Middletown files for bankruptcy

The new lessee will be required to comply with the agreement.

The town also will require the successful applicant to enter into a lease agreement that permits the use of the property for a sports complex in addition to the disposal of treated and filtered wastewater as irrigation.

Middletown originally purchased the property for use as a disposal site for a portion of the town's treated and filtered wastewater.

Branner said he has been contacted by a number of interested parties, but no formal discussions have taken place.

"It won’t be the same scenario that created controversy," the mayor said. "We feel we have three or four good contacts and we’ll just see where it goes. Hopefully, we’ll be able to immediately start moving dirt. Everybody seems to like the plan that was done."

A public meeting will be set the first week of November for interested parties to present their proposals to the council and Middletown residents.

Branner said council will then select the winning proposal at the council meeting on Nov. 6. 

Branner said the council is committed to supporting the Delaware Union soccer club (formerly MOT) by giving them four fields agreed upon in the original plan.

"There were some concerns there, but council is adamant that it will remain part of the plan no matter what we do going forward," he said.

Branner said GPS Delaware Revolution soccer also will be allowed to use the fields in the interim. That program currently rents the six fields for practices, training and games for its nine travel teams and more than 200 players, and considers the complex its home pitch.

"I’m excited, but apprehensive," he said. "It feels good being able to move forward."

Reach Jerry Smith at jsmith17@delawareonline.com. Follow him on Twitter at @JerrySmithTNJ.