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B. Incentive Based Development Fee <br />In addition to the administrative compensation received for development <br />management services,. Landform shall receive additional incentive-based <br />compensation for development management services based upon success in <br />advancing the development. <br />For the purposes of this Agreement, it is assumed that the disposition of <br />various land parcels may occur in any of three ways: Sale or Lease, Public- <br />Private Partnership (P3), or Owner Self-Developed. Landform shall solicit the <br />interest of various prospective end-users, to include individual entities, <br />corporations, developers, and/or development partners. Landform will <br />coordinate the efforts of all team members to provide a uniform front to the <br />development community, and assist in the evaluation, consideration, <br />negotiations, and deal structuring on any disposition of land within the <br />development area. Compensation under this section will be paid on all <br />transactions regardless of origin or referral source. Meeting update reports <br />documenting marketing progress shall be presented to the Owner on a <br />regular basis. <br />2. The incentive-based development fee shall be two percent (2..00%) of the <br />total capital cost of the end use of the parcel or property sold ar developed. <br />The estimated value for this calculation will include all hard and soft costs of <br />the proposed project including, but not limited to, land, building, site <br />improvements, fees, financing costs, and brokerage fees. The incentive <br />based fee will be payable at the following stages of the development: <br />a) On a monthly basis, Landform shall receive a draw on future incentive <br />comp~sation in the amount of $10,000/monthly. Such draws shall be <br />reimbursed from the proceeds of the incentive compensation when <br />earned, and shall be considered minimum compensation for this contract <br />component. Monthly draws shall terminate once total compensation <br />under this section reaches $100,000. <br />b) Upon the execution of a lease, purchase agreement, or development <br />agreement, Landform shall receive 30% of the total development fee. <br />c) Upon closing of the transaction, or occupancy under a lease, Landform <br />shall receive 60% of the total development fee. <br />d) Follow~g project design, permitting and construction, and upon opening <br />of the development to the public (Grand Opening), Landform shall receive <br />a final payment of 10% of the total development fee. <br />3. Incentive fees shall be due on any public or private development deals <br />located within the 140 acre development, that close or break ground after <br />March 1, 2010. In the event of the termination of this agreement, regardless <br />of cause, any incentive compensation on active deals that have been <br />declared prior to termination shall become payable in full at the time of it's <br />eventual closing. <br />