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Section 6.4 Right to Collect Delinquenl Taxes. The Developer acknowledges that the City is <br />providing substantial aid and assistance in fm'therance of the development lhrough lax increment financing. The <br />Developer understands that the incremenl will be used to reimburse the City For the cost of the Site Improvements <br />and, therefore, the real estate taxes must be promptly and limcly [mid. To that end, the Developer agrees for itself, <br />its successors and assigns, in addilion to lite obligation pursuanl lo statute to pay real estate taxes, that it is also <br />obligated by reason of this Agreement to pay bel~ore dclinquen%, all real estate taxes due and payable with respect to <br />the Development Property prior to the Maturity Date based upem the minimum market value as stipulated in the <br />Assessment Agreement. The Developer acknowledges that Il,lis obli'gation creates a contractual right on behalf of' <br />the City to sue the Developer or its successors and assigns to collect such delinquent real estate taxes and any <br />penalty or interest thereon and to pay o~,,er the same as a tax payment to the county auditor. In any such suit, the <br />City shall also be entitled to recover ils costs, expenses and reasonable attorney fees. <br /> <br /> Section 6.5 F~xces.~ Tax Tnc,'emen[, Any excess tax increment shall be retained by the city for other <br />improvements within the Development District. <br /> <br />Page 13 <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />i <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />i <br />I <br /> <br />I <br />I <br />I <br /> <br /> <br />