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CCAgenda_04Apr28
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CCAgenda_04Apr28
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accordance with City ordinances and procedures. In connection with approval of the Plat, the <br />Multifamily Developer will enter into a PUD Agreement and Construction Development <br />Contract. The parties agree and understand that on or before the Closing Date of the First <br />Mortgage Loan, the Multifamily Developer will (a) close on acquisition of the Shopping Center <br />Parcel, any portion of the Snelling Avenue Parcel required for the Multifamily Development <br />Property and the Restaurant Parcel, (b) file the Plat, and (c) convey portions of the platted <br />property to the Senior Developer and the Townhome Developer, all as further described in this <br />Article. <br />Section 3.7. Conveyance of Senior Development Property. The Multifamily Developer <br />will convey the Senior Development Property to the Senior Developer for such consideration as <br />the Multifamily Developer and the Senior Developer mutually agree. <br />Section 3.8. Conveyance of Townhome Development Property. The Multifamily <br />Developer will convey the Townhome Development Property to the Townhome Developer for <br />such consideration as the Multifamily Developer and the Townhome Developer mutually agree. <br />ARTICLE IV <br />Tag Increment and Other Public Assistance <br />Section 4.1. Tax Increment Certification. The City has established the Tax Increment <br />District pursuant to the Tax Increment Act. <br />Section 4.2. Reimbursable Costs. The City acknowledges that the high cost of acquiring <br />the Multifamily Development Property and preparing it for development necessitates the City's <br />provision of certain financial assistance to aid the Multifamily Developer. Therefore, the City <br />agrees that it will reimburse the Multifamily Developer for the Multifamily Developer's payment <br />of Reimbursable Costs of developing the Minimum Improvements. The City's reimbursement of <br />• the Multifamily Developer shall be accomplished through the City's issuance and payment of the <br />Note. The Multifamily Developer shall be solely responsible for initial payment of the <br />Reimbursable Costs and all construction work related thereto. The City's sole obligation in such <br />regard shall be to issue the Note at the time stated in this Agreement and to pay the Note in <br />accordance with its terms. <br />Section 4.3. Issuance of Note. The City's shall issue the Note on the Closing Date. The <br />Note shall be substantially in the form of the Multifamily TIF Note attached to this Agreement, <br />with any blanks properly filled in. The Note (i) shall be dated as of the date of its issuance, (ii) <br />shall bear interest at the rate of interest payable on the Developer's First Mortgage Loan plus the <br />applicable mortgage insurance premium to such loan, and (iii) shall show a principal amount <br />sufficient to cover the,~VlultifamilyAvailable Tax Increment and the Su lemental Available Tax_ _ - Deleted: ro <br />--~ ~ p perty taxes actually paid by <br />Increment taking into account the interest rate determined under clause (ii) of this sentence. <br />Interest shall begin to accrue at the later of (a) submission by the Multifamily Developer to the ~ ~ Deleted: Developer with respect to the <br />City of invoices and certifications in such form as the Ci ma reasonabl re uiie Mulhf'amily Development Property as <br />h' Y Y q provided in the Note <br />demonstrating that the Multifamily Developer has paid the Reimbursable Costs, and (b) January <br />1, 2005. The term of the Note shall coincide with the term of the Tax Increment District. <br />11 <br /> <br />
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