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A. Recording of plat for all of the development property as approved by City <br />on September 27, 2000. <br />B. Execution and recording of Assessment Agreement for Phase II <br />Development as required by Article VI, Section 6.1 of the Amended <br />Development Agreement. <br />C. Completion of the Jobs Act report required by Section 11.9 of the original <br />Development Agreement. <br />5. It is further understood and agreed that notwithstanding anything else to the contrary <br />contained in this Agreement, that: <br />A. Subject to subparagraph B of this paragraph 5, the Assessment Agreements <br />for Phases I and 11 shall remain in full force and effect as dictated by <br />their individual terms and conditions; and <br />B. In the event of an insured loss of all or part of the Development Property, <br />and either the Developer and /or the holder of the Mortgage fails to use the <br />Net Proceeds of the insurance to repair, rebuild and restore the <br />Development Property, the Developer agrees to pay to the City, on <br />demand, the total amount then outstanding on the City's bond obligations <br />(City of Little Canada $790,000.00 General Obligation Tax Bonds Series <br />1999B) associated with the acquisition of all parcels making up the entire <br />Development Property through the Termination Date of the Development <br />Agreement (as such terms are defined in the Development Agreement), <br />less the amount then remaining on deposit with the City (together with <br />interest thereon and after payment of all Tax Increment Deficiency) from <br />the payment made by the Developer pursuant to paragraph 1 of this <br />Agreement Upon such payment by the Developer, the Assessment <br />Agreements for Phases I and II shall be terminated by the City. <br />IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in <br />its name and on its behalf, and the Developer has caused this Agreement to be duly <br />executed in its name and on its behalf, on or as of the date first written above. <br />THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK <br />