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2) The EDA Board finds by resolution (adopted before demolition) that the parcel <br />was occupied by a structurally substandard building and that after demolition and <br />clearance the EDA intends to include the parcel within a TIF district; <br />3) The City Council adopts resolution and makes blight findings regarding the <br />building (based on report); <br />4) EDA Board adopts resolution related to use of funds to demo the building (so that <br />the EDA can eventually get paid back with TIF dollars when the TIF District is <br />created; <br />5) If City is lending the money to EDA to demolish, City Council should also adopt <br />an interfund loan resolution; and <br />6) EDA (and City, if appropriate) and owner of property should enter into an <br />agreement providing owner's consent to demolish building and EDA's payment <br />for the demolition, with indemnity and hold harmless provisions. <br />An agreement with a developer is not required by the TIF Act if the developer isn't <br />actually demolishing the building. However, for liability reasons, the City/EDA should <br />enter into some type of agreement with the owner. <br />Staff did retain the services of LHB Corporation to determine the eligibility of the <br />property for TIF purposes and to document the condition of the building. As noted in the <br />report the building is significantly substandard. Regardless of the TIF considerations the <br />council may wish to consider entering into an agreement with the property owner to <br />demolish the structure. This would likely come in the form of a petition and waiver <br />agreement that would acknowledge the need for demolition and provide for payment of <br />the costs. <br />Requested Council Direction <br />Staff is requesting council direction regarding: <br />1) Interest in demolishing the building on behalf of the property owner <br />2) Interest in preserving ability to use TIF for future project if building is <br />demolished. <br />Attachments <br />1. 49 Club Letter of Finding, prepared by LHB Corporation. <br />