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ILC -z <br />When the $7.5M developer oavment for the air rahts occurs <br />The Amended and Restated DDA (Section 305) provides for payment of the $7.5M by the <br />developer when the construction of the garage is 80% completed, and if the City requested <br />payment prior to that date there would be a substantial interest charge. It was assumed, at <br />that time, that the escrow transferring the air rights to the developer was not likely to occur <br />until after the 80% completion date. It now appears likely that the escrow will close prior to <br />the 80% completion date and this Implementation Agreement clarifies that the City can <br />receive the $7.5M at close of escrow without incurring the substantial interest charge. <br />When the developer reoays the cost of abatement and demolition of the buildings on site <br />This agreement also provides clarity regarding the developer's responsibility for the cost of <br />abatement and demolition of the existing buildings on the site and the terms of payment for <br />that work. It proposes to amend Section 402A of the DDA regarding the Construction and <br />Reimbursement Agreement to require the developer's payment of $425,500 prior to close <br />of escrow for the air rights parcel. <br />Alternatives <br />1. Do not authorize the City, Agency and the developer to enter into the Implementation <br />Agreement. In this case, the Agency would be required to wait until 80% completion of <br />the garage to receive significant funding or pay substantial carrying costs if it is drawn <br />earlier. <br />2. Direct staff to seek alternative solutions. <br />Fiscal Impact <br />There will be no change from the Am( <br />Patricia J. Webb <br />Economic Development Coordinator <br />'Bruce Lledstrand <br />Community Development Director <br />Attachments: <br />Implementation Agreement <br />ended and Restat DDA regarding the fiscal impaa ctt.. <br />Susan tIoeller <br />Redevelopment Manager <br />Webb /cls /CD /Agenda: Second Implementation Agreement <br />091603 <br />c <br />Ed Everett <br />City Manager <br />EA <br />