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<br />~H <br /> <br /> <br /> <br /> <br />L' "section 3.2(1) The Note shall be dated, issued and <br />delivered when the Developer shall have demonstrated in writing 4It <br />to the reasonable satisfaction of the city that the construction <br />of the site Improvements has been completed, that the Developer <br />has incurred and paid all costs of the acquisition of the <br />Development Property and the Site Improvements and Legal and <br />Administrative Expenses, as described in and limited by Section <br />3.1 and that the Developer determines that it will complete at <br />least 50% of the Project by January 1, 1992 (unless waived by the <br />Developer)." <br /> <br />"Section 3.2(4) The payment dates of the Note shall be the <br />Note Payment Dates. The Developer shall submit a statement to <br />the City on or before each January 1 and July 1, commencing on <br />July 1, 1994, setting forth the principal amount of the Note and <br />the accrued interest thereon due on the following February 1 or <br />August 1 as appropriate, shall include with the statement a <br />Compliance Certificate covering a period commencing on January 1 <br />of the immediately preceding calendar year and ending no later <br />than December 1 of the same year or June 1 of the current year <br />(whichever is the most recent date prior to submission of the <br />statement), and executed by the Developer. On each Note Payment <br />Date and subject to the provisions of the Note, the city shall <br />pay, against the principal and interest then due on the Note, 90\ <br />of any Tax Increments received by the city during the preceding 6 <br />months. All such payments shall first be applied to accrued and . <br />unpaid interest on the Note and then to principal of the Note." <br /> <br />"Section 3.3. Developer's Fee and Leqal and Administrative <br />Expenses. As partial compensation for services provided by the <br />City to facilitate development of the Project and for additional <br />municipal services required by the Project during the term of <br />this Agreement, the Developer shall pay to the City in <br />immediately available funds on or before the date the certificate <br />of occupancy is issued by the City but no later than August 1, <br />1992 a Developer's Fee in the amount of $26,500. In addition, <br />the Developer shall, upon request of the City, payor reimburse <br />for the payment of all Legal and Administrative Expenses." <br /> <br />The Note when executed shall provide in paragraph three as <br />follows: _ <br /> <br />"The amounts due under this Note shall be payable on <br />August 1, 1993, and on each February 1 and August 1 thereafter to <br />and including February 1, 2006, or, if the first should not be a <br />Business Day (as defined in the Development Agreement) the next <br />succeeding Business Day (the "Payment Dates"), provided, that <br />such Payment Date shall be automatically extended if and to the <br />extent required to relieve the City of any obligation to pay any <br /> <br />. <br /> <br />18499 <br />16 <br />