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5.0. 6.0. 7.0. EDSR 07-12-1999
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5.0. 6.0. 7.0. EDSR 07-12-1999
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City Government
type
EDSR
date
7/12/1999
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FROM GRAY PLANT MOOT? MOOTY & BENNETT (#3) (FRI) 7, 9' 99 9:36/ST. 9:28/NO. 4261218754 P 18 <br /> (iv) Redeveloper shall have received Building Permits for the Initial <br /> Improvements and shall have commenced construction pursuant to those permits on all <br /> buildings included in the Initial Improvements. <br /> (c) Type of Note. The Note shall be a special and limited revenue obligation of thc <br /> Authority and not a general obligation of Authority, and only Available Tax Increments as <br /> provided by this Agreement shall be used to pay the principal and interest on thc Note. The Note <br /> shall not be any obligation whatsoever of the City. <br /> (d) Governance of Note. The Note shall be governed by and payable pursuant to the <br /> additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms <br /> of the Note and the terms of this Agreement,the terms of the Note shall govern. <br /> (e) Termination of Note. Following termination of this Agreement, no further or <br /> unpaid amounts of the Note shall then or thereafter be due and payable by Authority under this <br /> Agreement or the Note,but shall thereupon be extinguished. <br /> Section 3.5 Payment on Note. <br /> (a) Conditions Precedent to Payment on Note. Authority's obligation to make <br /> payments on the Note shall be subject to the following conditions precedent: <br /> (i) No Event of Default shall have occurred and be continuing under this <br /> 110 Agreement; <br /> (ii) Redeveloper shall have provided to Authority evidence that it has made <br /> payments for land acquisition costs in an amount equal to or greater than the cumulative <br /> amount of all payments made on the Note, including the payment then due, as provided in <br /> Section 3.3(a)of this Agreement; <br /> 1. If all or a portion of a scheduled payment is not made because <br /> Redeveloper has not provided satisfactory evidence of actual payment of <br /> Reimbursable land acquisition costs, the scheduled payment, or balance thereof, <br /> shall be made within 10 days of receipt of such evidence from Redeveloper. No <br /> interest will accrue on payments deferred for failure to provide satisfactory <br /> evidence of actual payment of Reimbursable land acquisition costs. <br /> (iii) Redeveloper shall have been issued a Certificate of Occupancy for all <br /> Minimum Improvements required by the Development Schedule in Section 3.2(i) of this <br /> Agreement to be completed at the time of the payment. <br /> 1. No payments will be made until a Certificate of Completion has <br /> been issued for the Initial Improvements. <br /> 2. Tf, following completion of the Initial Improvements, Certificates <br /> • of Occupancy for subsequent phases of the Minimum Improvements have not <br /> -14- <br />
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