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<br />8 <br />516911v4 JAE MU205-47 <br />consist of the Developer’s payment of Public Development Costs incurred by the Developer in at least the <br />principal amount of the TIF Note. Before delivery of the TIF Note, the Developer shall have: <br /> <br />(i) delivered to the Authority written evidence in a form satisfactory to the Authority <br />that the Developer has paid Public Development Costs in at least the principal amount of $546,000; <br /> <br />(ii) submitted the Construction Plans to the Authority and obtained approval for the <br />Construction Plans from the Authority; <br /> <br />(iii) submitted and obtained Authority approval of financing in accordance with <br />Section 7.1 hereof; and <br /> <br />(iv) delivered to the Authority an investment letter in the form set forth in EXHIBIT F. <br /> <br /> (b) The Developer understands and acknowledges that the Authority makes no <br />representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged <br />to the TIF Note will be sufficient to pay the principal of and interest on the TIF Note. Any estimates of <br />Tax Increment prepared by the Authority or its municipal advisors in connection with the TIF District or <br />this Agreement are for the benefit of the Authority, and are not intended as representations on which the <br />Developer may rely. <br /> <br />(c) The Authority acknowledges that the Developer may assign or sell the TIF Note to the <br />Lender or another party. The Authority consents to an assignment of the TIF Note to the Minnesota Housing <br />Finance Agency without the execution of an investment letter. For all other assignments, the Authority shall <br />require an investment letter from the assignee in the form set forth in EXHIBIT F. <br /> <br /> (d) If the TIF District is disqualified as described in Section 4.6 hereof, the Authority is <br />required by the TIF Act to stop payments of Available Tax Increment to pay principal of and interest on <br />the TIF Note. <br /> <br />Section 3.7. Payment of Administrative Costs. The Developer has previously deposited with the <br />Authority funds to pay Administrative Costs of the City and the Authority. The City and the Authority <br />will use such funds to pay “Administrative Costs,” which term means out-of-pocket costs incurred by the <br />City and the Authority, together with staff and consultant costs of the City and the Authority, all <br />attributable to or incurred in connection with the negotiation and preparation of this Agreement, the TIF <br />Plan, and other documents and agreements in connection with the establishment of the TIF District and <br />redevelopment of the Redevelopment Property, and not previously paid by the Developer. At the <br />Developer’s request, but no more often than monthly, the Authority will provide the Developer with a <br />written report including invoices, time sheets or other comparable evidence of expenditures for <br />Administrative Costs and the outstanding balance of funds deposited. At any time the deposit drops <br />below $1,000, the Developer shall replenish the deposit in the amount of $10,000 within thirty (30) days <br />after receipt of written notice thereof from the Authority. If at any time the Authority or the City <br />determines that the deposit is insufficient to pay Administrative Costs, the Developer is obligated to pay <br />such shortfall within fifteen (15) days after receipt of a written notice from the Authority containing <br />evidence of the unpaid costs. If Administrative Costs incurred, and reasonably anticipated to be incurred <br />are less than the deposit by the Developer, the Authority shall return to the Developer any funds not <br />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