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M <br />Section 5.16 of the Redevelopment Agreement is hereby amended to read as <br />follows: <br />"Section 5.16 Road Improvements by the City with Respect to the Commercial <br />Development, Road Dedication, Special Assessments. During Commercial Developer's <br />performance of the Commercial Development, the City, will construct certain Commercial City <br />Public Improvements consisting of a new 39th Avenue between Silver Lake Road and existing <br />39th Avenue, including public utility infrastructure and streetscaping to the curb line, pursuant to <br />Exhibit F, prepared by the City Consultant. The Developer or Commercial Developer shalt <br />dedicate all needed right of way for the Commercial City Public Improvements, in accordance <br />with normal City requirements, at no cost, from any property owned by Developer, but shall not <br />be obligated to acquire any additional land for right of way. The City has determined no right of <br />way outside of the property owned by Developer is required. This transfer of right of way shall <br />be a condition of the platting of the Commercial Property. <br />Cost of the Commercial City Public Improvements will be paid by Special Assessments <br />on the Commercial Development Property, in the amount of $1,705,000. Any costs of the <br />Commercial City Public Improvements in excess of this amount will be paid or reimbursed by <br />the Authority as a Qualified Redevelopment Cost from Available Tax Increment as provided <br />herein. The City will use its reasonable efforts to design and construct the Commercial City <br />Public hnprovements consistent with the $1,705,000 budget estimate. <br />The Commercial Developer agrees to not object to the amount or use of such Special <br />Assessments in the amount of $1,705,000 and represents that the anchor tenant has agreed to pay <br />$1,104,840 in a hump sum in payment of the allocated amount of the Special Assessments to the <br />anchor tenant portion of the Commercial Development upon commencement of the anchor <br />tenancy. Commercial Developer shall require the anchor tenant to agree to this requirement in its <br />tease, or the Special Assessments for this amount will be assessed to the anchor tenant's portion <br />of the Commercial Property as provided herein. The City agrees to impose the balance of the <br />Special Assessments thereafter, only on the remainder of the Commercial Development Property. <br />The Special Assessments shall be financed by the City to not require current interest or principal <br />payments until completion of the Commercial Development and the City will issue its Special <br />Assessment bonds to provide for payment of the Special Assessments in equal payments over a <br />term of not less than fifteen (15) years, so as to minimize the tax obligation annually on the <br />Commercial Property and indirectly on the commercial tenants. <br />The Commercial Developer agrees that the $1,705,000 of Special Assessments described <br />in this Section 5.16 will be allocated to portions of the Commercial Development Property as <br />follows: <br />Lot 1, Block 1 <br />Silver Lake Village $287,572 <br />Lot 2, Block 1 <br />Silver Lake Village $1,104,840 <br />Lot 3, Block 2 <br />Silver Lake Village $40,000 <br />2 <br />