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HRA PACKET 06232020
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HRA PACKET 06232020
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dates such construction is required under Section 4.3 of this Agreement, so long as the Construction <br />Plans have been approved in accordance with Section 4.2 hereof. <br /> <br />2. Amendment to Section 3.3(c) et seq. of the Contract. Section 3.3(c) et seq. of the <br />Contract is amended as follows: <br /> <br />(c) Note; Terms. To reimburse the remainder of the Public Redevelopment Costs <br />incurred by Redeveloper, the Authority shall issue and the Redeveloper shall purchase the Note in <br />the maximum principal amount of $3,300,000. The maximum principal amount of the Note <br />attributable to Phase I of the Minimum Improvements shall be $1,950,000, and the maximum <br />amount of the Note attributable to Phase II of the Minimum Improvements shall be $1,350,000. <br />The Authority shall issue and deliver the Note upon Redeveloper having: <br /> <br />(i) delivered to the Authority one or more certificates signed by the <br />Redeveloper’s duly authorized representative, containing the following: (i) a statement that <br />each cost identified in the certificate is a Public Redevelopment Cost as defined in this <br />Agreement and that no part of such cost has been included in any previous certification; (ii) <br />evidence that each identified Public Redevelopment Cost has been paid or incurred by or on <br />behalf of the Redeveloper; and (iii) a statement that no uncured Event of Default by the <br />Redeveloper has occurred and is continuing under the Agreement. The Authority may, if <br />not satisfied that the conditions described herein have been met, return any certificate with a <br />statement of the reasons why it is not acceptable and requesting such further documentation <br />or clarification as the Authority may reasonably require; <br /> <br />(ii) submitted and obtained Authority approval of financing for Phase I in <br />accordance with Section 7.1; and <br /> <br />(iii) delivered to the Authority an investment letter in a form reasonably <br />satisfactory to the Authority. <br /> <br />The terms of the Note will be substantially those set forth in the form of the Note shown in <br />Schedule B, and the Note will be subject to all terms of the Authorizing Resolution, which are <br />incorporated herein by reference. <br /> <br />(d) Assignment of Note. The Authority acknowledges that the Redeveloper may assign <br />the Note to a third party. The Authority consents to such an assignment, conditioned upon receipt <br />of an investment letter from such third party in a form reasonably acceptable to the Authority; <br />provided that an investment letter shall not be required in connection with a collateral assignment of <br />either Note to a lender providing mortgage financing for acquisition of the Redevelopment Property <br />or construction of the Minimum Improvements, an assignment to an Affiliate or an assignment to <br />Kelly J. Doran. <br /> <br />(e) Qualifications. The Redeveloper understands and acknowledges that the Authority <br />makes no representations or warranties regarding the amount of Tax Increment, or that revenues <br />pledged to the Note will be sufficient to pay the principal and interest on the Note. Any estimates of <br />Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District <br />or this Agreement are for the benefit of the Authority, and are not intended as representations on <br />which the Redeveloper may rely. Public Redevelopment Costs exceeding the principal amount of <br />the Note are the sole responsibility of Redeveloper.
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