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<br />9 <br />516911v2 JAE MU205-47 <br />Costs incurred, and reasonably anticipated to be incurred are less than the deposit by the Developer, the <br />Authority shall return to the Developer any funds not anticipated to be needed. <br /> <br />Section 3.8. Records. The Authority and its representatives will have the right at all reasonable <br />times after reasonable notice to inspect, examine and copy all books and records of Developer relating to <br />the Minimum Improvements and the costs for which the Developer has been reimbursed with Tax <br />Increment. <br /> <br />Section 3.9. Purpose of Assistance. The parties agree and understand that the purpose of the <br />Authority’s financial assistance to the Developer is to facilitate development of housing and is not a “business <br />subsidy” within the meaning of Minnesota Statutes, Sections 116J.993 to 116J.995. <br /> <br />Section 3.10. Access Easement. The Developer agrees that it will grant an access easement (the <br />“Access Easement”) across a portion of the Development Property for the benefit of the future <br />development of those certain parcels of real property located to the west of the Development Property <br />legally described in EXHIBIT G, attached here, and identified as PIDs: 063023310173, 063023310237, <br />063023310174, 063023320042, and 063023230044 (the “Access Easement Parcels”) upon terms and <br />conditions mutually and reasonably agreeable to all affected parties. The Developer’s obligations <br />identified in the proceeding sentence shall survive the termination of this Agreement and are included in <br />this Agreement for the benefit of the City and the County. <br /> <br /> <br /> <br /> <br /> <br /> <br />(The remainder of this page is intentionally left blank.)