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iv. Upon certificate of occupancy for the office building, the final twenty <br />percent (20 %) becomes due in the amount of $20,000. <br />4. Large Projects — In calculating the Incentive Compensation on <br />developments with a total Development Capital Cost greater than $30 million <br />in a single transaction, the following equation shall be used: <br />a. The Incentive Compensation shall be two percent (2 %) of the total <br />Development Capital Cost up to $30 million (standard agreement); <br />b. Then, one percent (1.0 %) for Development Capital Costs from $30 million <br />to $100 million; <br />c. Then, one half percent (0.5 %) for Development Capital Costs in excess of <br />$100 million -$150 million; <br />d. Then, one quarter per cent (0.25 %)for Development Capital Costs in <br />excess of $150 million. <br />e. Example for a. d. above: An agreement is signed for a development with <br />an estimated total Development Capital Cost of $180,000,000. The <br />Incentive Compensation shall be calculated as follows: <br />i. 2.0% of $30m = $600,000 <br />ii. 1.0% of $70m = $700,000 <br />iii. 0.5% of $50m = $250,000 <br />iv. 0.25% of $30m = $75,000 <br />v. Total Compensation = $1,625,000 <br />5. Phased Projects — In calculating the Incentive Compensation on projects <br />where occupancy is anticipated to be phased over a period greater than 24 <br />months from the spring of the year following closing of the transaction <br />(phased start), a discount to the Incentive Compensation will be applied as a <br />means to recognize the delay in property tax payments realized by the HRA. <br />a. For each 12 month period the project, or portion of the project, is <br />anticipated to be phased beyond 24 months, the Incentive Compensation <br />for that portion of the project shall be discounted by ten percent (10 %) of <br />the anticipated fully assessed tax revenues for one year. <br />b. Example: A sale occurs for an apartment project consisting of six <br />buildings. Two are to be constructed immediately; two are anticipated to <br />begin the following year, and the last two the year after. Each phase is <br />roughly $20m in value. Each phase has an estimated tax liability of <br />$300,000 annually. <br />i. Phase 1 Incentive Compensation shall be the full two percent (2 %) of <br />the $20m or $400,000. <br />ii. Phase 2 commencing later than 24 months after the spring following <br />closing shall be the full Incentive Compensation ($400,000) <br />discounted $40,000 or $360,000. <br />iii. Phase 3 commencing later than 36 months after the spring following <br />closing shall be the full Incentive Compensation ($400,000) <br />discounted $80,000 or $320,000 <br />iv. The total Incentive Compensation for the example phased project <br />would be $1,080,000. <br />6. Incentive Compensation shall be due on any development deals located <br />within the Project, that close or break ground after April 1, 2010. In the event <br />of the termination of this agreement, regardless of cause, any incentive <br />1 Ramsey -2011 DM Agreement 1 9 2010 9 <br />