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CC PACKET 08222000
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CC PACKET 08222000
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Last modified
12/30/2015 4:17:27 PM
Creation date
12/30/2015 4:16:32 PM
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SP Box #
17
SP Folder Name
CC PACKETS 1999-2001
SP Name
CC PACKET 08222000
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5Y <br /> • ARTICLE 6 <br /> Public Assistance <br /> Section 6.1 General Description. The HRA will provide to the Redeveloper an <br /> amount of public assistance equal to the Public Redevelopment Costs incurred by the Redeveloper up <br /> to the maximum amount provided in Section 6.2 hereof. The public assistance will be payable to the <br /> Redeveloper on a "pay-as-you-go" basis where the Redeveloper will incur the Public Redevelopment <br /> Costs as part of the costs to develop the Redevelopment Property, and will thereafter be reimbursed by <br /> the HRA for said Public Redevelopment Costs as provided in Section 6.2 hereof. <br /> Section 6.2 Reimbursement of Public Redevelopment Costs. The HRA will not reimburse the <br /> Redeveloper for its Public Redevelopment Costs from HRA revenues nor guaranty the amount of <br /> money which the Redeveloper will annually receive as the reimbursement for its Public Redevelopment <br /> Costs. The HRA's obligation to reimburse the Redeveloper for its Public Redevelopment Costs will be <br /> contained in the Note. The Note will be issued by the HRA to the Redeveloper with maximum <br /> principal balance of$4,750,000 plus interest on the unpaid principal balance thereof at a rate equal to <br /> nine and one-half percent (9.50%) per annum, and shall be payable solely from Available Tax <br /> Increment as provided in the Note. The Note will be issued upon execution of this Agreement by all <br /> parties hereto. Upon payment by the Redeveloper of Public Redevelopment Costs which are eligible <br /> to be reimbursed pursuant to the Note and are not Public Redevelopment Costs to be reimbursed by <br /> the HRA pursuant.to Section 4.3 hereof, the Redeveloper will deliver to the HRA an instrument <br /> executed by the Redeveloper specifying (i) the'amount and nature of Public Redevelopment Costs to <br /> be reimbursed pursuant to the Note, and (ii) certifying that such Public Redevelopment Costs have <br /> been.paid to third parties unrelated to the Redeveloper or if any Public Redevelopment Costs have <br /> been paid to third parties related to the Redeveloper, that such Public Redevelopment Costs-do not <br /> exceed the reasonable and customary costs of services, labor or materials of comparable quality, <br /> dependability, availability and other pertinent criteria and that such Public Redevelopment Costs have <br /> not previously been contained in an instrument furnished to the HRA pursuant to this Section 6.2_and <br /> are not Public Redevelopment Costs to be reimbursed by the HRA pursuant to Section 4.3 hereof. <br /> Together with such instrument the Redeveloper shall deliver to the HRA evidence satisfactory to the <br /> HRA of the payment by the Redeveloper of such Public Redevelopment Costs to be reimbursed by the <br /> Note. The principal amount of the Note shall be increased on the date of delivery of such instrument to <br /> the HRA by the amount of Public Redevelopment Costs eligible to be reimbursed pursuant to the Note <br /> specified in such instrument which have not previously increased the principal amount of the Note. <br /> Section 6.3 Assignment of Note. The Note shall not be assignable or transferable without the <br /> prior written consent of the HRA; provided, however, that such consent shall not be unreasonably <br /> withheld or delayed if: (a) the assignee or transferee delivers to the HRA a written instrument <br /> acknowledging the limited nature of the HRA's payment obligations under the Note, and (b) the <br /> assignee or transferee executes and delivers to the HRA a certificate, in form and substance satisfactory <br /> to the HRA, pursuant to which, among other things, such assignee or transferee represents (i) that the <br /> • <br /> -11- <br />
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