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ARTICLE III <br />UNDERTAKINGS BY DEVELOPER AND CITY <br />Section 3.1. Total Development Costs and Public Costs. <br />(1) The Developer's estimate of the Total Development Costs of the Project and <br />sources of revenue to pay such costs are set forth on Exhibit H attached hereto. <br />(2) Based on the Developer's representation that the Total Development Costs are <br />approximately $8,890,974, that the funding sources available to pay such costs, excluding the tax <br />increment assistance contemplated herein, is $7,922,974, and that the Developer is unable to <br />obtain additional private financing or other public funding for the estimated Total Development <br />Costs, the City has agreed to provide tax increment financing subject to the terms and conditions <br />as hereinafter set forth. <br />(3) The parties agree that the Public Development Costs to be incurred by the <br />Developer are essential to the successful completion of the Project. The Developer anticipates <br />that the Public Development Costs which are identified on Exhibit C attached hereto will be at <br />least $968,000. <br />(4) As of January 2, 2025, the estimated market value of the Development Property, <br />as improved, is expected to be at least $6,363,000. <br />(5) The Developer has or will acquire fee title to the Development Property, and will <br />cause the Project to be constructed in accordance with the terms of this Agreement, the <br />Development Program, and all local, state and federal laws and regulations including, but not <br />limited to, environmental, zoning, energy conservation, building code and public health laws and <br />regulations. <br />(6) The Developer will obtain, or cause to be obtained, in a timely manner, all required <br />permits, licenses and approvals, and will meet, in a timely manner, all requirements of all <br />applicable local, state, and federal laws and regulations which must be obtained or met for the <br />construction and operation of the Project. <br />(7) The Developer will construct the Project in accordance with the Geotechnical <br />Report and Section 3.7 hereof. The Developer will engage a technical engineer to monitor and <br />verify that the Project is constructed in accordance with the Geotechnical Report. <br />(8) The Public Development Costs shall be paid by the Developer, and the City shall <br />reimburse the Developer for the Public Development Costs in the Reimbursement Amount solely <br />through the issuance of the TIF Note. <br />Section 3.2. TIF Note. <br />(1) The TIF Note will be originally issued to the Developer, as provided in Section <br />3 2(2), in a principal amount equal to the Reimbursement Amount and shall be dated as of its date <br />7 <br />EL185-70-769416.d7 <br />