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BOOK' 94 PAf;L 897 <br />of hold harmless agreement that if the County has a problem with <br />collecting from the tenants•, DeBartolo would be responsible for <br />legal expenses or whatever costs are incurred in making that <br />collection. <br />Dave Curl, vice president of development for DeBartolo, <br />appreciated all the time and effort staff has put into this matter <br />over the last few weeks. With regard to the traffic impact <br />reimbursement request, they realize this is an accommodation to <br />them. They have a very short window on this matter and, if this <br />request is approved today, they can take this to the Board of <br />Directors' meeting tomorrow. If the Board of Directors approve it, <br />there is an opportunity to open the mall in the fall of 1996. They <br />have no problem with the conditions set forth by Attorney Vitunac <br />and they are prepared to go forward. Mr. Curl emphasized they are <br />not requesting any dollars out of the County's coffers by asking <br />for this administrative accommodation. Hopefully, this <br />accommodation will give them the opportunity to move forward with <br />this project that will bring 3000 jobs to the County and add $5 - <br />million a year to the tax base. <br />Mr. Curl stated that the matter of water and sewer impact fees <br />will be put aside, and they will not come back to the County with <br />further requests. <br />Attorney Vitunac advised that our leverage in this matter is <br />that we will not issue a building permit until everything is in <br />order. <br />Mr. Curl explained that the developer would come in to get the <br />building permit for the center section of the small shop area of <br />the mall. They will build a shell of the center section and <br />complete the common area improvements. Each individual small shop <br />tenant would be required to submit his plans and obtain a building <br />permit to complete his phase. At that point in time, he would pay <br />the traffic impact fee for his phase. Mr. Curl assured the Board <br />that DeBartolo will work very closely with staff on this. <br />Commissioner Bird didn't feel we would be putting the County <br />at financial risk, but he was concerned about setting a precedent <br />with other malls. He asked staff what major concerns led them to <br />recommend denial of the request. <br />Director Boling responded that one major concern was the <br />County's legal authority to not give utility service and not issue <br />a building permit to a project for which capacity already has been <br />paid. The other major concern was disclosure to the tenant. <br />Attorney Vitunac advised that we cannot deny a permit based on <br />the fact that utilities' fees had not been paid. <br />40 <br />APRIL 18, 1995 <br />