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October 16,2013 EDC Meeting <br /> Supplemental Notes <br /> Page 2 <br /> years. As an aside, in the initial negotiations with APi, the City proposed an up front cash payment for <br /> the option, but APi balked and wanted the language stricken. The eventual compromise to get the deal <br /> done was elimination of the option payment, but a right to buy the north parcel through December 31, <br /> 2015 and start construction a year later. APi now wants 9 additional months to exercise the option <br /> term (September 30, 2016), and a deferred cash payment that could tie up the site for 2 more years. <br /> Typically, extended option terms require up front cash that compensates the land seller for holding the <br /> property off the market. <br /> Lastly, the company is offering to make an additional PILOT payment of $17,300 in 2014 in <br /> recognition that there have been project delays. <br /> The parties met on September 26th with their legal counsel and the City's financial advisor present to <br /> review the agreement. At that meeting, staff told APi that the changes in business terms had financial <br /> impacts for the City and that one way to help offset those costs is to advance more cash up front. One <br /> concept discussed was for APi to pay the 2014 PILOT upon execution of the redevelopment agreement <br /> (i.e. demonstration of good faith) and the option money ($69,000) at closing in 2014. This strategy <br /> would essentially utilize the dollars APi has offered to pay, but on a slightly different (accelerated) <br /> schedule. <br /> The company is still reviewing the proposal at this time, however they reiterated their commitment to <br /> the project. <br /> Any feedback from the EDC to Council and staff would be helpful as the negotiations continue. Staff <br /> will keep of the EDC advised of any new details on Wednesday. <br /> C. Marketing Efforts <br /> Attached is a copy of the marketing report for the month of September from Colliers. Staff and <br /> officials from Colliers and Ryan held a monthly conference call on October 1st and not much new <br /> information was reported. Colliers is continuing to track prospects, however demand for new <br /> construction is still soft given the availability of existing office space. Also attached is information <br /> from Colliers on the bigger picture for the office and land markets. <br /> o Office Market Report(Q2-2013) 7 page document summarizes the office market (including <br /> submarkets) in terms of vacancy rates, rental rates and <br /> new development prospects. <br /> Key findings: <br /> o Rental rates firming; fewer landlord concessions (i.e. <br /> improvement in leasing rates). <br /> o No new development, except for three large users <br /> expanding on or nearby existing corporate offices. <br />