Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 46

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          induce sales of the benefited properties, is insufficient under             
          the developer line of cases.  Although the record indicates that            
          the Bank was aware that construction of the Atrium would enhance            
          the value of the Bank's adjoining properties, we believe that the           
          basic purpose of the Bank in constructing the Atrium was not the            
          enhancement of the adjoining properties so as to induce sales of            
          those properties, but rather the resolution of certain design               
          issues and the enhancement of the Bank's image.  Value                      
          enhancement of the Bank's adjoining properties was simply a                 
          beneficial consequence of that basic purpose.8                              
               On August 24, 1979, when architectural plans for the Project           
          were presented to the Committee for the first time, construction            
          of the Atrium was proposed as a means of resolving two major                
          design issues: (1) counteracting the off-Broadway location of the           
          proposed tower and (2) creating a center consisting of the                  
          proposed tower and the existing bank facilities.  By September              
          1980, when construction of the proposed atrium was approved, the            
          Bank had the benefit of both the Harrison Price and Planning                
          Dynamics reports.  Both reports recommended construction of the             
          proposed atrium based on three factors: (1) increased rental                


          8    It appears that petitioner would likely not dispute that               
          assertion; in its brief, petitioner states:  “[A]lthough the                
          impetus for building the Atrium came from the construction of               
          1UBC (including the need for a `front door on Broadway'), the               
          Bank expected that 2UBC - the largest building to which the                 
          Atrium is physically attached - would be the beneficiary of the             
          largest value increase.”                                                    




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