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5. EDA BUSINESS <br /> A. Consideration of Resolution No. 99-EDA-112 Resolution Approving <br /> Modifications to Development Assistance Agreement with Michael <br /> Investments Concerning the Building N Project <br /> City Attorney Long reviewed that there was a closed session to discuss the threatened litigation <br /> over the Development Agreement negotiations. He advised that the negotiations have proceeded <br /> but he has not yet given a formal presentation to the Board. City Attorney Long explained that if <br /> the EDA would like a full presentation and explanation of the outcome of those negotiations, it <br /> would be appropriate to hold an executive session of the Board. Or, he could provide an <br /> abbreviated presentation at the public meeting. <br /> Unanimous consent was reached to adjourn to a closed session. <br /> President Coughlin recessed the EDA meeting to a closed session to discuss the potential <br /> litigation at 9:17 P.M. The meeting was reconvened at 9:45 P.M. <br /> Economic Development Coordinator Carroll explained the EDA and staff have talked with <br /> Everest Development about completion of the site and Building N and, over the course of several <br /> weeks, discussion has intensified. He advised of the proposed final changes to the Development <br /> Assistance Agreement, noting that Section 1.1 refers exclusively to a 69,582 square foot <br /> office/flex/service facility. Economic Development Coordinator Carroll explained that it had <br /> been the view of EDA members and others that those options created the possibility of a <br /> speculative building and they desired more assurance on what would be built so Everest agreed <br /> to delete reference of a warehouse facility. He explained the advantage to the City is that even <br /> though the building is smaller it is considered to be a higher quality structure, comparable to the <br /> Liberty Check building, with more brick and masonry, and predominantly office space. <br /> Economic Development Coordinator Carroll explained another change was that the earlier draft111 <br /> specified a certain number of jobs (20 jobs at unspecified wage rates). He explained that in view <br /> of the assistance to be provided,the EDA felt the developer should provide a greater number of <br /> jobs and specifics on wages to be paid. He advised the previous language has been replaced with <br /> a reference to 75 jobs with an average wage rate of at least$12 per hour. <br /> Economic Development Coordinator Carroll explained the provision on the interest provision <br /> was negotiated several years ago at 8%but there was concern with the EDA that,perhaps, it was <br /> higher than needed be so they negotiated a reduction to 7.25%which is reflected in the current <br /> draft. <br /> Economic Development Coordinator Carroll explained another provision has to do with plans <br /> prepared for this building. The Agreement now includes Exhibit F which will be copies of the <br /> specific building plans. He noted the advantage to the City and EDA is that rather than agreeing <br /> 2 U:\CARIS\COUNCIL\MINUTES\MVEDA26.APR <br />