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CC PACKET 06122012
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CC PACKET 06122012
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63 <br />plus interest on the unpaid principal balance thereof at a rate of 6% which shall be payable solely <br />from Available Tax Increment from the Development as may be adjusted under Section 9.8. The <br />principal of and interest on the'rlF Note shall be payable on February 1 and August 1 in each <br />year, commencing August 1, 2015, through and including February 1, 2031. Interest on the TIP <br />Note shall accrue from its date of issuance and shall be computed on the basis of a 360 day year <br />of twelve 30 -day months. On February 1 and August 1 in each year, commencing on August 1, <br />2015, through and including February 1, 2031 (each a "Payment Date"), provided that no <br />Developer Event of Default shall have occurred and be continuing hereunder, the Authority <br />hereby pledges and shall pay to the Developer the Available Tax Increment to pay the TIF Note. <br />The Available Tax Increment shall be applied first to pay accrued interest then due on the TIF <br />Note and then to pay the principal of the TIF Note. Any accrued but unpaid interest on the <br />respective TIF Note shall be carried forward to the next Payment Date without interest. <br />(b) The Authority does not represent or warrant the amounts of Available Tax <br />Increment that will be available for payment of the TIF Note. The Authority will not reimburse <br />the Developer for the Qualified Redevelopment Costs from Authority revenues, other than <br />Available Tax Increment, nor guaranty the amount of money which the Developer will receive as <br />a reimbursement, such amount being payable solely from the Available Tax Increment in <br />accordance with this Section. Upon any Event of Default, which Default has not been cured, the <br />Authority may withhold payment of TIF Assistance. <br />Section 9.2 Preconditions to Issuance of TIF Note. <br />(a) T he Authority will issue the TIF Note to the Developer upon satisfaction of the <br />following conditions: <br />(a) the Developer is not in Default under the terms of this Agreement; <br />(b) the Developer has provided a Financing Commitment for the Minimum <br />Improvements in an amount sufficient, together with other funds available, to finance the <br />Construction Costs of the Minimum Improvements; <br />(c) the City has approved the Final Plans; and <br />(d) the Developer has executed the Assessment Agreement. <br />(b) Upon satisfaction of the conditions set forth in paragraph (a) above, the Authority <br />will issue the TIF Note to the Developer. The principal amount of the TIP Note will be the <br />amounts set forth in Section 9.1. <br />Section 9.3 Developer Representations. The Developer makes the following <br />representations to the Authority with respect to the TIP Note: <br />(a) The Developer understands that Available Tax Increment is the sole source of <br />money that is pledged and will be available for the payments due under the TIP Note and if the <br />Available Tax Increment are not sufficient to make the payments due under the TIF Note in full, <br />no right will exist to have taxes levied by the City or the Authority for the payment of the unpaid <br />amounts due under the TIF Note. <br />19 <br />
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