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File #: 100534    Version:
Type: Resolution Status: Passed
File created: 9/1/2010 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 9/20/2011
Effective date:    
Title: Substitute resolution approving the First Amendment to the Cooperation, Reimbursement and Redevelopment Agreement (Harley-Davidson Museum Project).
Sponsors: James N. Witkowiak
Indexes: AGREEMENTS, MUSEUMS, REDEVELOPMENT, URBAN
Attachments: 1. First Amendment Harley-Davidson Museum Project (4-7-11 version).pdf, 2. First Amendment to Agreement-Redlined as of 9-14-10, 3. Proposed Substitute D, 4. Proposed Substitute C, 5. Proposed Substitute B, 6. Proposed Substitute A, 7. Background Information-Proposed Amendment as of 9-9-10.pdf, 8. First Amendment Harley-Davidson Museum Project (9-13-10 version).pdf, 9. First Amendment Harley-Davidson Museum Project (9-10-10 version).pdf, 10. First Amendment Harley-Davidson Museum Project (9-10-10 version-showing change).pdf, 11. First Amendment to Agreement as of 9-9-10.pdf, 12. Fiscal Note, 13. Harley Davidson Articles provided by Ald. Bauman, 14. Hearing Notice List, 15. Hearing Notice List 9/13/11, 16. Proposed Substitute E, 17. First Amendment Harley-Davidson Museum Project (9-9-11 version), 18. Motion to Amend by Ald. Zielinski, 19. Harley Museum PowerPoint, 20. First Amendment Harley-Davidson Museum Project (9-20-11 version), 21. Ald. Bauman Motion 9-20-11, 22. Ald. Witkowiak Motion 9-20-11
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
9/29/20113 MAYOR SIGNED   Action details Meeting details Not available
9/20/20112 COMMON COUNCIL SUBSTITUTEDPass13:2 Action details Meeting details Not available
9/20/20113 COMMON COUNCIL ADOPTEDFail3:12 Action details Meeting details Not available
9/20/20113 COMMON COUNCIL RECONSIDEREDPass11:4 Action details Meeting details Not available
9/20/20113 COMMON COUNCIL SUBSTITUTED

Minutes note: Ald. Witkowiak had previously moved for substitute 1 in lieu of substitute 3. This motion was withdrawn. Substitute 2 in lieu of substitute 3.
Pass14:0 Action details Meeting details Not available
9/20/20114 COMMON COUNCIL ADOPTEDPass12:2 Action details Meeting details Not available
9/13/20111 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECONSIDEREDPass5:0 Action details Meeting details Not available
9/13/20111 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Ald. Wade moved to substitute the file with Proposed Substitute E. (Prevailed 5-0)
Pass5:0 Action details Meeting details Not available
9/13/20112 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE AMENDED

Minutes note: Individuals present: Rocky Marcoux, Commissioner - Dept. of City Development Tom Gartner, City Attorney's Office Paul Jones, Vice President - Harley Davidson Motor Company Ald. Bauman moved to amend the file with the substitution of Proposed Substitute B and extending the deadline by 36 months. (Failed 1-4) Ald. Zielinski moved to amend to insert the following "Further Resolved" clause at the end of the resolution: Further Resolved, That upon the City's receipt of the $700,000 payment from the Developer, the City Comptroller shall transfer these funds to the Development Fund capital account (parent account). Prevailed (3-2)
Pass3:2 Action details Meeting details Not available
9/13/20112 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTION

Minutes note: Ald. Wade moved adoption of Proposed Substitute E as amended. (Prevailed 5-0)
Pass5:0 Action details Meeting details Not available
9/9/20111 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/15/20100 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
9/10/20100 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/1/20100 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
100534
Version
SUBSTITUTE 4
Reference

Sponsor
ALD. WITKOWIAK
Title
Substitute resolution approving the First Amendment to the Cooperation, Reimbursement and Redevelopment Agreement (Harley-Davidson Museum Project).
Analysis
The Cooperation, Reimbursement and Redevelopment Agreement for the Harley-Davidson Museum provides for three phases of development, the first two of which, including the main museum, archive building, conference/reception facility and restaurants, were completed in June of 2008.

This resolution approves an amendment to that agreement to eliminate the proposed 100,000-square-foot third phase of the museum complex.

The current agreement provides the City with certain options in the event the third phase is not completed by June of 2011: sue the developer for the City's actual damages, as a result of the third phase not being completed, or exercise its option to repurchase a portion of the museum campus, specifically, the two parking lots located west of 6th Street, for $535,000, the price the developer paid the City for the sites.

This amendment eliminates the requirement for the third phase of the museum development and in lieu of the City's current contractual remedies, provides a payment of $700,000 from the developer for the purposes of funding future redevelopment activity in the city.

The amendment also provides for a First Offer of the parking lots to the City and/or the Redevelopment Authority, for a purchase price of $535,000, for the next five years. In the event the third phase of the complex, or the substitute equivalent, is completed, the First Offer would terminate.

The developer also advanced funding for a tax incremental district to assist the museum project. The City is currently repaying that funding from incremental taxes generated by the project. As provided in the Redevelopment Agreement, given that Phase III will not be developed, reimbursements from the tax incremental district to the develope...

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