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09/27/11
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09/27/11
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7/18/2025 11:05:20 AM
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9/28/2011 2:23:58 PM
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Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
09/27/2011
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Tax Increments the City receives on or after June 1, 2015 shall be used to pay the principal of <br />and interest accruing on the TIF Note. <br />Section 6.6 Conditions Subsequent. The City's obligation to make payments on the <br />TIF Note on any TIF Note Payment Date or any date thereafter is conditioned upon the <br />requirements that (i) there shall not be, at the time payment is due, any Event of Default that has <br />occurred and is continuing; and (ii) the City shall not have canceled and rescinded the TIF Note <br />pursuant to Section 13.2(d). <br />Section 6.7 Terms of the TIF Note. The TIF Note shall be governed by and payable <br />pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict <br />between the terms of the TIF Note and the terms of this Article VI, the terms of the TIF Note <br />shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, <br />and the taking by the City of such additional actions as bond counsel for the TIF Note may <br />require in connection therewith, are hereby authorized and approved by the City. <br />Section 6.8 Developer's Prenavment of Loan No. 2. If Developer prepays Loan No. 2 <br />in full, the City will, prior to the issuance of the TIF Note, revise the TIF Note so that the first <br />TIF Note Payment Date is the first February 1 or August 1 following Developer's payment of <br />Note No. 2 in full and to make the TIF Note payable from Tax Increments the City receives on or <br />after the date Developer has repaid Loan No. 2 in full. <br />ARTICLE VII <br />LOAN NO. 1 <br />Section 7.1 Loan No. 1. To assist Developer with the construction of the Housing <br />Development Project, the HRA proposes to make a $1,420,000.00 loan to Developer pursuant to <br />the terms of the Loan Agreement and Note No. 1. The HRA proposes to fund Loan No. 1 with <br />tax increments the City has collected from the City's Tax Increment District No. 1, which the <br />City will make available to the HRA. <br />Section 7.2 Loan Agreement, Note No. 1 and Corporate Guaranty. Contemporaneous <br />with the HRA's conveyance of the Development Property to Developer: the HRA and Developer <br />must each execute the Loan Agreement and must each deliver an original, executed Loan <br />Agreement to the other party; Developer must execute Note No. 1 and deliver Note No. 1 to the <br />HRA; and Developer must cause the Corporate Guarantor to execute the Corporate Guaranty and <br />deliver the Corporate Guaranty to the HRA. In the event of a conflict between the terms of Note <br />No. 1 and the terms of this Development Agreement, the terms of Note No. 1 control. In the <br />event of a conflict between the terms of this Agreement and the terms of the Loan Agreement, <br />the terms of the Loan Agreement control. <br />Section 7.3 Fee in Lieu of Interest and Default Interest Rate. Note No. 1 does not <br />obligate Developer to pay interest on the outstanding principal of Loan No. 1 provided <br />Developer is not in default in the timely payment of any amounts due under Note No. 1. In lieu <br />of non -default interest and as consideration for the extension of credit, the HRA will charge <br />Developer and Developer agrees to pay a one-time fee of $120,000.00. As set forth in the Loan <br />12 <br />2695614v12 <br />
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