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Mayor & City Council <br />May 7, 1999 <br />Page 2 <br />The key points of the development agreement with Mr. Biagini are as follows: <br />♦ This would be a bonded transaction versus a "pay as you go" format. The bonds will be taxable <br />and I am evaluating the feasibility of the City purchasing all or a portion of these bonds for our <br />own investment instrument given the higher yield they will pay. <br />♦ An assessment agreement will be required to guarantee adequate value from the land and <br />structure. The structure will be valued at $65 per square foot and the land at a $1.50 per square <br />foot. <br />♦ Because this is a bonded transaction, we will also require a cash flow guarantee on the tax <br />increment generated by the project to protect us against further compression of the class rates. <br />The guarantee will be based on the class rates in effect in 1999 applied against the estimated <br />market value generated from the assessment agreement. <br />♦ The 30,000 square foot office building will need to be completed by December 31, 1999. This is <br />to ensure there will be full taxes payable in the year 2001 to meet debt service cash flow <br />requirements. Should the project not be completed by that date, the developer would then have to <br />make up for any cash flow lost by the later completion. <br />♦ The Precision Tree property needs to be acquired. Half of the property will be needed for the <br />office building project. Because of the timeline involved with that acquisition, the City will need <br />to commit to the use of eminent domain if necessary and guarantee property availability by the <br />end of October in order that the parking lot can be completed in time. The balance of that <br />property will be combined with the acre we already own to the north. <br />♦ Mr. Biagini will also be committing to construct at least 15,000 square feet of office /warehouse <br />building on the northern parcel (balance of site). This project will need to be completed by <br />December 31, 2000. <br />♦ The land sale price to Mr. Biagini will be $1 for the office building site and a $1.50 per square <br />foot for the office /warehouse site. These costs will be after demolition of any structures on the <br />site. The City will also provide for an allowance of up to $30,000 for a retaining wall on the <br />north site should it prove necessary. All other site corrections, screening, or development costs <br />will be the responsibility of the developer. It should also be noted that the lower land sale price <br />associated with the office building is possible because of the substantially higher estimated <br />market value generated by that project. <br />Mr. Biagini will be providing us with a site rendering for the proposed building. If the Council is <br />comfortable with this concept as explained, I would recommend we authorize the execution of the <br />Fasciana and Nadeau purchase agreements. I would also recommend that you authorize me to finalize <br />work on the development agreement with Mr. Biagini governing this transaction as outlined. <br />JRH:kpp <br />cc: Dick Biagini <br />Patrick Daulton, CI Title <br />Page 11 <br />