I certainly understand the DIA's point on this one. It would be one thing if getting this project done was just a question of having enough city money behind it: take the tough pill and pony up $90M to get one of the most important downtown projects behind us.
But there's legitimate reason, IMO, to think Atkins is just in over his head. Every month there's a new cost estimate and a new incentive ask. How many times has the design been changed? Not to mention, he had a prior deal passed, signed, sealed, and delivered, that was supposed to start construction in Fall of 2021, and he failed to fulfill his end of that deal. That project included $27M of city incentives.
Now he asks the city to provide $89M in incentives, which are very front-loaded. It's fair to wonder how safe an investment that would be given his history of moving goalposts on this project. Any deal involving cash grants to fund construction before the buildings are complete should include terms that turn ownership of the property over to the City if the project isn't finished.
If City Council engages in direct negotiations with Atkins and passes a version of this deal, it would really beg the question: what is the point of the DIA?
If this deal dies, it's time to start racking up the blight fines a la Regency Square Mall. He has rights as a property owner not to develop the buildings, but he's also subject to the same blight ordinances as the rest of us.