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5.1. HRSR 12-06-2004
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5.1. HRSR 12-06-2004
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City Government
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HRSR
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12/6/2004
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t <br /> 0 <br /> (i). A contract for the construction of Parking Lot has been awarded and the <br /> Parking Lot Cost has been determined; and <br /> (ii) The Developer has deposited cash with the City in the amount of the <br /> Parking Lot Cost. <br /> (b) The City shall reimburse the Developer for the Parking Lot Cost actually paid by <br /> the Developer as further provided in Section 5.9(c). <br /> (c) The City shall reimburse for the costs identified in Section 5.9(b) through the <br /> issuance of the City's Parking Lot Note in substantially the form attached to this Agreement as <br /> Exhibit F, subject to the following conditions: <br /> (i) The Note shall be dated, issued and delivered when the conditions set <br /> forth in Section 5.9(a) have been satisfied. The principal amount is not subject to <br /> reduction pursuant to Section 5.3. <br /> (ii) The unpaid principal amount of the Parking Lot Note shall bear simple <br /> non-compounding interest the date of issuance of the Note at 6.50% per annum. Interest <br /> shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day <br /> months. <br /> (iii) The principal amount of the Note and the interest thereon shall be payable <br /> 9 solely from the Parking Lot Pledged Tax Increment which is hereby pledged to the <br /> payment of the Parking Lot Note. <br /> (iv) On each Payment Date and subject to the provisions of the Parking Lot <br /> Note,the City shall pay, against the principal and interest outstanding on the Parking Lot <br /> Note, the amount of the Parking Lot Pledged Tax Increment received by the City during <br /> the preceding 6 months. All such payments shall be applied first to accrued interest and <br /> then to reduce the principal of the Note. <br /> (v) The Parking Lot Note shall be a special and limited obligation of the City <br /> and not a general obligation of the City, and only Parking Lot Pledged Tax Increment <br /> shall be used to pay the principal and interest on the Parking Lot Note. If, on any <br /> Payment Date, the Parking Lot Pledged Tax Increment for the payment of the accrued <br /> and unpaid interest on the Parking Lot Note is insufficient for such purposes, the <br /> difference shall be carried forward, without interest accruing thereon, and shall be paid if <br /> and to the extent that on a future Payment Date there is Parking Lot Pledged Tax <br /> Increment in excess of the amounts needed to pay the accrued interest then due on the <br /> Parking Lot Note. <br /> (vi) The City's obligation to make payments on the Parking Lot Note on any <br /> Payment Date or any date thereafter shall be conditioned upon the requirement that (A) <br /> there shall not at that time be an Event of Default that has occurred and is continuing <br /> under this Agreement and (B) this Agreement shall not have been rescinded pursuant to <br /> • Section 9.4(c). <br /> 1674205v8 33 <br />
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