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Amended and Restated ENA with Caribou <br />January 16, 2018 <br />Page 3 <br />The next step in the process will be to prepare and present a Disposition and Development <br />Agreement (DDA) with more detailed business terms to City Council for consideration in mid - <br />2018. The DDA will further describe the terms of the transaction, including a schedule of <br />completion with milestones for the developer to achieve. The City will not convey the site until the <br />developer has met all obligations defined in the DDA, obtained all approved permits and <br />entitlements, and provided proof of financing for construction of the project. <br />Reimbursement Agreement <br />In April 2017, the City entered into a reimbursement agreement with Caribou Industries for costs <br />associated with the negotiation and execution of a DDA, such as expenses for engineers, <br />architects, financial consultants, legal, planning and other consultants and contractors retained by <br />the City. Staff is proposing to increase the maximum reimbursement from $50,000 to $100,000. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item allows the City to meet Goal #3 (Economic Development), Objective #5 <br />(Leverage private investment that results in tax base expansion and job creation citywide), <br />Strategy A (Identify and market underutilized properties for new development that will create new <br />jobs and expand the City's tax base). <br />FISCAL IMPACT <br />Caribou Industries agreed to reimburse the City for all eligible expenses incurred related to the <br />original exclusive negotiation agreement and a reimbursement agreement was executed in April <br />2017. Caribou agreed to reimburse the City up to $50,000 for consulting services related to this <br />project, such as those provided by Lisa Stipkovich and Kosmont Companies. The City has and <br />will pay both consultants for services provided from the Economic Development, Contract <br />Services account (no. 01118810-62300). Approval of the appropriation adjustment and the <br />amended reimbursement agreement will recognize $100,000 in the Miscellaneous Revenue <br />Expense Reimbursement account (no. 01102002-57000) and appropriate the same amount to <br />the Community Development Agency's Economic Development Contract Services expenditure <br />account (no. 01118810-62300) in FY 2017-18. <br />Robert M. Zur Scl mi dkj <br />Interim Executive DtKector <br />Community Development Agency <br />APPRO ED AS TO FUNDS AND ACCOUNTS: <br />Francisco Gutierrez po <br />Executive Director <br />Finance and Management Services Agency <br />Exhibit: 1. Amended and Restated ENA <br />2. Amended Reimbursement Agreement with Caribou <br />20C-3 <br />