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PF_3595_Contract
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PF_3595_Contract
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Last modified
7/17/2007 2:28:41 PM
Creation date
9/14/2005 1:54:22 PM
Metadata
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Template:
Contracts/Agreements
Agreement/Contract Type
Development Contract
Contracts/Agreements - Department
Community Development
Purpose/Title
Roseville Twin Lakes, LLC
Contracts/Agreements - Planning File #
3595
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<br />(2) If the Redeveloper sells unimproved property to a related party, the sale <br />price shall be the price at which the unimproved or subsequently improved property is first sold <br />to a party unrelated to the Redeveloper or to any of its equity owners. <br /> <br />(3) If the Redeveloper seIls improved property to a related party, the sale price <br />wiIl be determined by agreement between the City and Redeveloper or, if agreement cannot be <br />reached, the sale price will be the higher of an appraisal conducted by an appraiser mutually <br />agreeable to the Parties or the actual sale price. <br /> <br />(4) For improved property still owned by the Redeveloper or by a related party <br />of the Redeveloper or of any of its equity owners on the Reconciliation Date, an "imputed" sales <br />price based on an appraisal, or other method acceptable to both Parties for valuing the property or <br />its rate of return, will be used. <br /> <br />Section 4.6. Tax Increment Notes. <br /> <br />(a) On each April 1 foIlowing execution of this Agreement, including and ending <br />with the Reconciliation Date, the City shaIl issue and deliver to the Redeveloper a Tax Increment <br />Note in substantially the form attached hereto as Exhibit D, but only in an amount: <br /> <br />(1) required to pay Eligible Project Costs which have been certified by the <br />City pursuant to Section 4.3 and have not already been, and are not expected to be, reimbursed or <br />paid with other Project Revenues, and <br /> <br />(2) which will not cause the Redeveloper Return to exceed (i) twelve and one- <br />half percent (12.5%) for Tax Increment Notes issued before the Reconciliation Date, or (ii) the <br />percentage permitted by Section 4.4 for any Tax Increment Note issued on the Reconciliation <br />Date, <br /> <br />provided that the amount of the Tax Increment Note issued on the Reconciliation Date shall also <br />include the amount necessary to refund and replace all outstanding Tax Increment Notes issued <br />before the Reconciliation Date, and shall not exceed the amount of Tax Increment that is <br />projected to be available to pay the principal of and interest on such Tax Increment Note in <br />accordance with the priority for use of Tax Increment set forth in Section 4.10. The available <br />Tax Increment shall be projected using the Reconciliation Date as the present value date, a <br />discount rate of seven percent (7%) and an inflation rate of three percent (3%). <br /> <br />(b) Each Tax Increment Note issued before the Reconciliation Date shall bear interest <br />at the rate of seven percent (7%) per annum. Any Tax Increment Note issued on the <br />Reconciliation Date shall bear interest at a rate per annum equal to the then-prevailing Yield on <br />10-year Treasury Notes plus two and eight-tenths percent (2.8%), subject to a maximum of nine <br />and one half percent (9.5%). <br /> <br />( c) Interest will accrue on each Tax Increment Note from the date of issuance of such <br />Note. Interest on each Tax Increment Note shall be computed on the basis of a 360-day year of <br /> <br />19 <br />
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