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HomeMy WebLinkAboutCAO-10-037 - Property Tax Deferral Agreement, 300-400 King St WREPORT REPORT TO: Councillor B. Vrbanovic, Chair and Members of Finance and Corporate Services Committee DATE OF MEETING: November 8, 2010 SUBMITTED BY: Carla Ladd, CAO PREPARED BY: Carla Ladd, CAO WARD(S) INVOLVED: All DATE OF REPORT: November 4, 2010 REPORT NO.: CAO-10-037 SUBJECT: Property Tax Deferral Agreement, 300 - 400 King Street West RECOMMENDATION: That the Mayor and Clerk be authorized to execute the amended property tax payment deferral agreement with the owners of 300 – 400 King Street West (save and except for 320-328 King Street West) and that the grant portion of the agreement be funded from the Economic Development Investment Fund. BACKGROUND: In 2005, City Council approved the deferral of outstanding taxes, including accrued penalties and interest, owed against property located at 300 – 400 King Street West. The property owners approached the City with a potential partnership opportunity in the eventual redevelopment of the property. Such partnership investment opportunities in the downtown were consistent with the City’s overall goal for the downtown. As such, Council agreed to a five year deferral on the following basis: Deferral of payment of tax arrears accrued up to May 31, 2005 All taxes and utilities accruing after May 31, 2005 were to be paid and kept current The property owner would demolish 400 King Street West and allow the City to develop public parking on the site for a minimum of three years with any excess parking revenues to be applied to the tax arrears balance The permanent redevelopment of the entire site must include a component for public use, such as a parkette, courtyard, walkway, improvement to Bell Lane, development of public parking as examples In exchange for the public component on the redevelopment site, the City will grant back to the property owners the amount of the interest and penalties which accrued on the principal from May 31, 2005 until the time the properties were redeveloped or five years from date of acquisition, whichever came first. ïï ó ï In this regard, all taxes and utilities have been paid and kept current and 400 King Street West has been demolished and developed for interim public parking with the revenue from said parking lot being first applied towards the capital cost of the parking lot which have been fully recouped and additional revenue from that point forward has been applied to the tax arrears. However, permanent redevelopment of this site has not yet proceeded and as such, the owners have asked for an extension of the agreement. It is being recommended that the deferral agreement be extended for another five years on the following conditions. All outstanding taxes are to be paid in full by November, 2011 together with any interest and penalties which will accrue between the date of the extended agreement and November, 2011. In this regard, all outstanding taxes have been paid by the property owner. Interest and penalties which accrued on the principle to the date of this amended agreement will be capped and applied, as a grant, toward the development of a public component as specified in the original agreement. Should the value of the public component be less that than the penalties and interest owing, the property owner shall be responsible for paying the difference to the City. In keeping with the City’s interest in the redevelopment of downtown properties, this partnership opportunity remains of value to the goals set out in the strategic advancement of the downtown and the grant is appropriately funded from EDIF. ACKNOWLEDGED BY: Carla Ladd, CAO ïï ó î