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<br /> . <br /> e Ms. Smith moved, seconded by Mr. Lieuallen, that the bill be <br /> read the second time by council bill number only, with the <br /> unanimous consent of the council, and that enactment be considered <br /> at this time. Roll call vote; motion carried unanimously. <br /> CB 2161 was read the second time by council bill number only. <br /> Ms. Smith moved, seconded by Mr, Lieuallen, that the bill be <br /> approved and given final passage. Roll call vote; all councilors <br /> present voting aye, the bill was declared passed and numbered <br /> 18669. <br /> 3. Hi lton Hotel/Conference Center Agreement (memo and addit ional <br /> information distributed) <br /> Mr. Henry stated that the time element is critical on this issue and a decision <br /> on the development agreement must be reached by Friday. Several meetings among <br /> ERA staff, developers, and the City Attorney have been held. He introduced Joe <br /> Richards, Attorney for ERA, to discuss the key issues, objectives, and concerns, <br /> and Charles Kupper, HCC, to discuss cost figures and economic impact. <br /> Mr. Kupper stated that negotiations on some eTements of the contract were still <br /> being held just prior to the council meeting and that Mr. Richards would speak <br /> to the concerns raised in the memo from Stan Long. <br /> Mr. Richards stated the City Attorney's office saw a draft in late May. He <br /> e expressed appreci ation for the attorney's efforts and suggestions. In th e <br /> attorney's memo, it is noted that in this kind of negotiation what should be <br /> done is not necessarily what can be done, due to economic factors. It is true <br /> that the developer will have primary use of the main conference space. It is <br /> true that public use of the parking facility is not to conflict with use by the <br /> hotel arid conference center patrons. It is also true that substantial equipment <br /> repair should be, expected over the years. <br /> This is a 75-yearagreement with the main agreement being 55 years in length <br /> followed by two 10-year options. The only criteria for picking up the options <br /> is that the hotel not be in default at the time they chose to exercise the <br /> options. There is no way of knowing whether the percentage rental will cover <br /> conference center operating expenses. Mr, Richards feels that whether expenses <br /> will or will not be covered by rental fees must be compared to the total <br /> benefit the City will receive. Operating costs are going up less than five <br /> percent per year. Also, if rental revenues were to be low because of lower <br /> hotel use, then operating expenses would also be lower. Mr, Richards stated <br /> this is not the same kind of test that would be applied to a private development, <br /> since there are additional public benefits. <br /> A reuse appraisal was obtained from Keyser/Marston Associates of San Francisco. <br /> They were asked for two things: the fair reuse value of the parcel that is <br /> being sold and rental value of the conference center and parking. He ment ioned <br /> five of the factors that had been taken into account including the high risks <br /> . of this development. The appraisal reported that in the fourth year, when <br /> 6/25/80--5 <br />