>> the discussion that is happening on the additional payment is not mitigation perthe e.i.r., that is a private agreement between the developer and heritage, so it is not part of what the commission can approve or not approve. it is not additional mitigation perthe e.i.r., it's not something that we can require as part of the agreement between the developer and heritage, what additional benefit they might get. >> president hillis: even though on that funding, there's additional discussion on that funding going back to the city, it's still a separate agreement, rkand we'd have to t on that differently. >> in a different capacity. >> president hillis: commissioner richards? >> commissioner richards: where we're going on this, i'm going to a -- inclined to approve the project as designed because you have no intent on sharing some of the cost benefit savings with the community. where are you at on the agreement on that? >> so answer your questions to where kind of we are on things, i think we have a healthy function of robust dialogue going with heritage. we have lots of meetings and call