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<br /> L <br /> Mr. Obie stated he feels the assumptions are basically right and thinks the <br /> schedule is the way ,to develop the formula. The council should be aware that . <br /> they are acknowledging a commitment of 40 percent of the room tax funds of that <br /> hotel~for 75 years. He asked Mr. Long if the answers given are satisfactory <br /> in regard to legal concerns. Mr. Long responded that the memo to which Mr. <br /> Richards responded was provided in May and the changes are based on the second <br /> draft and represent some improvements. The policy questions and risk sharing <br /> seem to be the same as they were previously. The possibility of receiving an <br /> additional one percent of the gross after 31 years and six months is not a <br /> traditional escalator provision. The agreement responds to most of the tech- <br /> nicalquestions their office had~ but not whether it is a good deal or not, <br /> Mr. Obie stated he feels confident that it as close to putting together <br /> a hotel as they can come at this time. This is a paCkage and council needs <br /> to decide if they want it. It would appear that the potential bail-out feature~ <br /> which would be triggered by the council~ would limit the liability to a $200,000 <br /> per year subsidy and then the council can decide if they do not want to spend <br /> more than that. Some subsidy is in the public interest since the project <br /> provides meeting rooms and economic benefits. He would like to request that <br /> the County join with the City and contribute 40 percent of their room tax funds <br /> since they would probably use the facility also. With the letter of intent of <br /> good faith and the bail-out feature he would recommend that this be approved. <br /> Ms. Smith stated she is not certain the original room tax ballot measure would <br /> support the notion that 40 percent of the room tax generated from that hotel <br /> would be allocated to the project and she does not want to go ahead with that <br /> unless there is strong support for it. <br /> Mr. Henry stated that within the present resolution, 40 percent of the net room .-. <br /> tax receipts for the City as a whole are going into the Performing Arts (Civic <br /> Center) development. The resolution does not distinguish between the conference <br /> center or the Performing Arts Center. The 40 percent of the room tax generated <br /> by the hotel will be revenue to the City and could go to the conference center. <br /> The other 60 percent could go to the performing arts groups~ the Convention <br /> Bureau, and special projects or facilities. Ms. Smith noted she did not see <br /> this as being a problem~ she is just concerned that the action be appropriate. <br /> She wants to make certain the procedure is correct. Mr. Long stated there is a <br /> legal requirement that any revenues pay convention expenses. There is no legal <br /> requirement that the 40 percent of room tax go to the conference center. <br /> Mr. Lieuallen asked if the developer is counting on the room tax being part of <br /> the arrangement and Mr. Kupper responded that they are not. Mr. L ieuallen <br /> said he agrees with Ms. Smith and Mr. Long that the current resolution is very <br /> broad and Mr. Henry's interpretation is debatable. Mr. Long then asked if 100 <br /> percent of the room tax monies from the hotel could be directed back. Mr. <br /> Kupper responded that they could be. <br /> Mr. Delay congratulated the Renewal Agency for a job well done. He said he <br /> feels the council has failed by not getting involved in the process. There is <br /> a potential for negotiating a different kind of agreement, but the council is <br /> not in a position of being able to deal with this question now. There are two <br /> perspectives from which this agreement can be viewed, by the private developer <br /> . <br /> 6/25/80--8 <br />