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CC PACKET 06122012
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CC PACKET 06122012
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62 <br />ARTICLE VIII <br />DEVELOPER COVENANTS <br />Section 8.1 Maintenance and Operation of the Development. Developer will at all <br />times during the term of this Agreement, maintain and operate the Development in a safe and <br />secure way and in compliance with this Agreement and all federal, State and local laws, <br />regulations, rulings and ordinances applicable thereto. Developer shall pay all of the reasonable <br />and necessary expenses of the operation and maintenance of the Development, including all <br />premiums for insurance insuring against loss or damage thereto and adequate insurance against <br />liability for injury to persons or property arising from the Development as required pursuant to <br />this Agreement. Developer shall use its best efforts to ensure that all contractors comply with <br />the safety laws applicable to the construction of the Minimum Improvements. The expenses of <br />operation and maintenance of the Development shall be borne solely by Developer. <br />Section 8.2 Compliance with Environmental Requirements. The Developer shall, <br />in all material respects, comply with all applicable local, State, and federal environmental laws <br />and regulations, and will obtain, and maintain compliance under, any and all necessary <br />environmental permits, licenses, approvals or reviews. As of the date of this Agreement, the <br />Developer has received no notice or communication from any local, State, or Federal official that <br />the activities of the Developer or the Authority under this Agreement may be or will be in <br />violation of any environmental law or regulation. <br />Section 8.3 City Consulting Costs. Developer agrees to pay out of pocket costs of <br />the City and the Authority for the City Consultants in connection with the Development, and all <br />reasonable third party consulting costs of the Developer, including but not limited to costs of the <br />PUD process, architectural and engineering studies for the Development, fiscal analysis, legal <br />fees and all related costs and expenses. The Developer shall pay such costs monthly upon <br />presentation of invoices and other documentation of costs, not more than 30 days after the <br />request for payment is delivered to the Developer. All such costs shall be reimbursable as <br />Qualified Redevelopment Costs. <br />Section 8.4 Property Taxes. The Developer agrees to pay all property taxes on the <br />Development Property as they become due and payable for the duration of this Agreement. <br />Failure to pay property taxes shall be an Event of Default. <br />Section 8.5 Special Assessments. Developer agrees to pay all special assessments <br />levied against the Development Property as they become due and payable for the duration of this <br />Agreement. <br />ARTICLE IX <br />TAX INCREMENT ASSISTANCE <br />Section 9.1 Issuance of TIT Note; Limitations on Reimbursement of Qualified <br />Redevelopment Costs. <br />(a) In order to obtain the amount of Tax Increment contemplated by this Agreement, <br />the Authority will issue, subject to satisfaction of the conditions in this Agreement, a "pay-as- <br />you-go" TIF Note to the Developer with a maximum original principal amount of $1,023,000, <br />18 <br />
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