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2. No other liens or mortgages shall be placed upon the Subject Property by either party, <br />and Developer agrees not to use the Subject Property as collateral to secure any other loan or <br />investment. Should Developer find it necessary to use the Subject Property as collateral for <br />another mortgage or security, the new security shall be subordinate to the City's mortgage or <br />shall include full reimbursement of the City's contributions to the issue date of the new security <br />on the Subject Property. Such reimbursement, if made, will be an allowable cost of development <br />for possible tax increment financing assistance, but only to the extent that the amounts <br />reimbursed are not already included in the project accounting. <br />3. "Allowable Development Costs" which the parties expect to incur during the term of this <br />Agreement and which are intended to be eligible for tax increment financing (TIF) assistance <br />shall include: <br />a. the initial land acquisition costs for 2966 Arcade Street; <br />b. the subsequent acquisition of another parcel to provide adequate access to 2966 Arcade <br />Street; <br />c. the costs associated with the demolition of structures and improvements on the <br />properties acquired; <br />d. costs of platting the properties; <br />e. costs associated with improvements made to the property to facilitate development of <br />single family homes pursuant to the approved plat, including surveying and engineering; <br />and <br />f. interest carrying charges based on a 6.5% annual interest rate calculated from the date <br />of the allowable expenditure until the issuance of a Tax Increment Financing Note to <br />provide for the repayment of the allowable development costs less the lot sales proceeds. <br />4. Both parties' financial contributions to the overall development project shall accrue <br />interest at an annual percentage rate of 6.5% from the date of payment. The parties shall be <br />repaid their financial contributions to the project costs from the proceeds upon final accounting <br />for sales of developed residences on the Subject Property. Any shortfall in the amount due to <br />either party shall be reimbursed by revenues from a Tax Increment Financing district which the <br />parties anticipate will be created encompassing the Subject Property. Any TIF revenue due to <br />the parties will be on a "pay -as- you -go" basis, with the final allocations of payments between the <br />parties to be set by the relative contributions of each party to the project, to be finalized in the <br />anticipated formal Development Agreement following plat approval. <br />5. Final accounting shall be based upon the Developer's records of costs incurred in <br />developing the project subject to the limitations below. The value of the lots will be determined <br />by independent appraisal, with the appraiser selected by the City and approved by the Developer, <br />approval of which shall not be unreasonably withheld. If, on final accounting, the final market <br />value of the Subject Property exceeds the total development costs for the project by 15 %, then no <br />TIF revenue shall be used, and the parties will recover their reimbursements solely from project <br />proceeds. <br />Preparation of Subject Property for Development <br />2 <br />