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<br />AP R, 30, 2004 9: 40AM <br /> <br />METRO, PLAINS <br /> <br />NO, 167 <br /> <br />p, 3 <br /> <br />The note(s) for the Jackson project will be issued when the construction financing for the <br />Bluff project closes and after the building pennit for Bluff project is issued. <br /> <br />The Development Agreement will contain a "look back" method for both the Bluff and <br />Jackson projects. With regard to the look back provision for the for-sale residential portion of <br />the Bluff Project, MetroPlains understands that it will be allowed a specific amount of profit tied <br />to a percentage of the total cost of acquiring and constructing the for-sale portion of the Bluff <br />Project. If after the sale of all of the units MetroPlains' profit exceeds the allowed profit, the <br />HRA's assistance for that portion of the project will be reduced. On the rental housing and <br />commercial portion of the Jackson and Bluff projects MetroPlains will be allowed development <br />fees and a return on equity based on a preliminary sources and uses statement. To the extent that <br />final costs are less than those shown in the preliminary sources and uses statement increasing <br />MetroPlains' return, the assistance for that portion of the project will be reduced, <br /> <br />The amount of profit, return and fees that the amount of tax increment financing will be <br />based on and the "look back" method will be based on is as follows: <br /> <br />Bluff Block <br /> <br />For-sale housing-l 0% of costs <br /> <br />Commercial-5% development fee, market rate leasing commissions and a 12% cash on <br />cash rate of return <br /> <br />Jackson Block <br /> <br />Rental Housing-12% developer fee based on costs approved by MHFA <br /> <br />Commercial-5% development fee, market rate leasing commissions and a 12% cash on <br />cash rate of return <br /> <br />The Development Agreement will provide that any reduction of the assistance for one of <br />the phases of the project will be offset by verifiable increased costs on other phases, <br /> <br />3. SACfW AC/Park DedicatioDiBuildinll Permit Fees. <br /> <br />The City is willing to reduce or waive in their entirety the SAC and WAC fees, if <br />necessary, to make the projects feasible, MetroPlains acknowledges that the City's utility <br />commission must approve these reductions or waivers. The City will not reduce park dedication <br />fees, building permit fees or other applicable City application and development fees that are <br />payable in connection with the projects. MetroPlains is not in a position to bear the tax <br />increment inflation risk. MetroPlains agrees that the City can recapture these amounts from tax <br />increments derived from inflation. The City will recommend to the Park and Recreation Board <br />that the park dedication fees are used for park, boardwalk, gazebo relocation and other <br />improvements related to the downtown redevelopment. <br /> <br />2 <br /> <br />1643076vl <br />