- 46 - 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.”Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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