07-0342R                                                        REPLACEMENT 2



     RESOLVED, that the following changes are made to the Public Documents referred to in Resolutions 06-0773 and 07-0174:

     (a)  Public Document Nos. 06-1113-25(a) and 07-0226-24 are replaced and superceded by Public Document No. _____________________;

     (b)  Public Document Nos. 06-1113-25(b) and 07-0226-24 are replaced and superceded by Public Document No. _____________________.

     RESOLVED FURTHER, that the date for commencement of construction provided for in paragraph C of Article VI of the development agreement is deemed to be a substantial condition of said agreement and shall not be subject to any waiver without the explicit approval of the city council by resolution thereof.

STATEMENT OF PURPOSE:  This resolution replaces the original Resolution 07-0342 tabled by the council on May 14, 2007. It replaces the draft of the development agreement originally filed with the clerk.

Neither this draft of the development agreement nor that attached to the original resolution affects the amounts or use of any money funding the Heritage Sports Center project. They both divide the project into two phases. Phase I is the hockey areas and 75% of the heritage hall, all site preparation, public infrastructure, and purchase of all steel and concrete for the project.

The prior draft set a completion date for Phase I of the project of October 31, 2007. At that time, the city would release all but $500,000 of the funds. Phase II, the completion of the pavilion building, was to occur no later than October 31, 2008. At that time the last $500,000 would be released.

Due to a number of concerns expressed by councilors, Resolution 07-0342 was tabled.

Since that time, DHSC and the developer have worked hard to refine and firm up their proposed construction timetable for both Phase I and Phase II of the project as well as determining with reasonable certainty when they will be able to provide the required documentation to allow them to proceed with construction under the terms of the development agreement. They are now committing to providing all required documentation and commencing construction of Phase I of the project no later than June 28, 2007 and to having that phase completed no later than December 28, 2007. Phase II of the project will be completed by October 31, 2008 as provided for in the earlier document.

Other changes include allowing the developer to draw down the DEED grant funds in up to three partial draws and one final draw as opposed to making him to finance the entire amount to be funded by the grants until the work is completed. In addition, as provided for in the prior draft, construction will be allowed to commence prior to the completion of working drawings for the entire project but the working drawings for each segment of the construction will still need to be approved prior to their being used for construction. Additionally, the Helm Street project is redefined to allow the project to occur either in Helm Street or in the adjacent alley, subject to the needs of the project and the approval of DEED of the location; the agreement places the decision at the discretion of the city engineer.

Because the draft of the development agreement provided with the original resolution was reviewed by council but never approved by it, and because additional changes have been made since that time, the following nomenclature has been used to try to show the changes that have been made at each stage of consideration of Resolution 07-0342 replacement:


1.   The draft of the development agreement in effect at this time is shown in ordinary text.


2.   The changes proposed in the draft of the development agreement originally filed with Resolution 07-0342 (tabled) are shown in underline and strike-out format.


3.   The additional changes, made since May 14, are shown in bold type with deletions as bold and stricken.