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precedent because it would result in paying for the creation of buildable lots. HRA Executive Director Ulrich noted the HRA had rejected the purchase agreement when it came up for consideration so, perhaps, if the HRA rejects it then it owes the Development Manager an advance for his efforts. He pointed out if the development of Lot 3 goes through then the Development Manager would be reimbursed fairly quickly but if it is not developed, there would not be reimbursement. City Attorney Goodrich presented his review of the Landform contract, Section c, Page 12, number 4 and advised the contract does contemplate appropriate compensation on specialized deals. HRA Executive Director Ulrich concurred the HRA has the authority but not the obligation under the contract. Commissioner Tossey stated he supports approval of the $4,000 for Sophia Ramsey LLC and to request additional documentation on the $6,000 request. With regard to the $25,000 Lot 3 advance, he asked if the contract assures Landform is paid for deals in progress that close even if its contract has expired. HRA Executive Director Ulrich stated once an agreement is reached on incentive compensation, then it is paid in accordance with the schedule. If the Landform contract is terminated prior to January 31 or prematurely terminated, there is a 15 -month window of time. Commissioner Tossey asked why the HRA would consider the Lot 3 advance since that deal will get done, one way or the other, for the Armstrong overpass. He stated he would like the Lot 3 deal done sooner rather than later so the City can go to the Legislature to request the overpass. Commissioner Tossey asked again why the HRA would pay a Lot 3 advance now since the Landform contract has a contingency to assure the Development Manager will be paid. Chairperson McGlone stated he found this situation to be different because the HRA decided to terminate the purchase by tabling indefinitely. Commissioner Tossey stated there is a precedent issue and he wants to assure the HRA is not boxing themselves in. Development Manager Lazan stated with the dynamic nature of this portion of the contract and request, it indicates there is no precedent and he would acknowledge it is considered on a case - by -case basis. He stated he had worked in good faith to bring the project (Lot 3) forward and believed it is a distinct difference that the project had received positive votes for over a year. Landform acted on that, expended a tremendous amount of work, and is asking the HRA to consider this advance request. Commissioner Tossey felt the distinction on this deal (Lot 3) is that it has to get done to get the Armstrong Boulevard overpass because it goes through the Wiser Choice Liquor property. Because of that, Landform is assured to get paid for services rendered one way or the other. Housing and Redevelopment Authority / October 23, 2012 Page 5 of 7