HomeMy WebLinkAboutAgenda CC 12.12.2006Council meeting date: December 12, 2006 Item No. JS B.-
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve a Performance Agreement regarding "The Loading
Dock" restaurant.
ITEM SUMMARY:
At its meeting on November 20, 2006, the GEDCO Board considered making a grant to fund a
portion of the costs associated with a project to upgrade water service to the Loading Dock, a
restaurant in the historic property on the Courthouse Square owned by Hurston and Miriam
Boyington. The Board found that this project is necessary for the owners to operate the restaurant
in the building.
Then at its December 12, 2006 meeting, the GEDCO Board approved a Resolution to enter into a
Performance Agreement with Hurston and Miriam Boyington for "The Loading Dock" restaurant.
Now, Staff respectfully requests that City Council review the Resolution and approve
Performance Agreement.
ATTACHMENTS:
Resolution
Performance Agreement
Economic Development Director
Council meeting date: December 12, 2006 Item No. 8-
AGENDA ITEM COVER SHEET
SUBJECT:
Consideration and possible action to approve an Amended Performance Agreement regarding Citigroup North
America, Inc. (also referred to as Project Lee)
ITEM SUMMARY:
After the GEDCO Board approved the amended Performance Agreement on November 20, 2006, and the City Council
conditionally approved the Agreement on November 28, 20006, Citigroup North America, Inc. (CNAI) proposed
changes to some of the wording. Most changes are minor. In addition, since that time, based on initial negotiations
with the landowner whose property would have been traversed by the line shown as on the original Exhibit C, it is
prudent to consider alternative routes for the line if the easement cannot be acquired on acceptable terms. Therefore,
the attached changes are proposed, and can be summarized as follows:
1. The word "Facility" has been replaced with "Datacenter," because "Datacenter" is the defined term used in
the Agreement.
2. Para 1.12 was revised to add the issuance of a CO as a possible event of Force Majeure
3. Para. 1.15 (original) was deleted because the term "Property" was previously defined in the WHEREAS
clause
4. Para. 1.15 (new) was revised to more generally describe the wastewater line, since the route and sizing
may change if the easements for the original route cannot be obtained on timely and/or reasonable terms.
5. Para 2.5.2 was revised to clarify that the Letter of Acceptance comes from the City, not CNAI
6. Para 2.6 was revised to clarify the start date for the first annual job report.
7. Para 3.2 was revised to add language requiring periodic design status reports to be provided to CNAI so
that the work on the two segments of the line can be coordinated.
8. Para. 5.3 was revised to remove redundant wording
9. Para. 5.6 was revised to add language to address the effect of deemed approvals allowed by the
agreement
10. Para. 9.1 was revised to clarify that the provision stating that the line will be owned by the City after
completion will survive any termination of the agreement
11. Para.16.3 was revised to be made mutual
12. Para 16.6 was revised to clarify that this version of the agreement will supersede the previous versions
13. Exhibit C was revised to remove the details regarding the exact route of the wastewater line so as to allow
maximum flexibility in designing and siting the line to provide service to the indicated point.
ATTACHMENTS:
1. Revised Performance Agreement
Submitted by:
!/ ' Paul E. Brandenburg