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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
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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 />12 months of 30 days each. Accrued but unpaid interest will be added to the principal balance of <br />each Tax Increment Note semi-annually on February 1 and August I of each year. <br /> <br />(d) All Tax Increment Notes shall be issued on a parity basis. The City will make <br />payments on account of each Tax Increment Note on February 1 and August 1 of each year after <br />each receipt of Tax Increment. The amount of Tax Increment available to pay each Tax <br />Increment Note shall equal the Tax Increment, less the amount of Tax Increment applied to pay <br />obligations senior in right to payment to such Note as provided in Section 4.10. The Tax <br />Increment applied to payment of the Tax Increment Notes will first pay accrued but unpaid <br />interest thereon and then reduce the outstanding principal balance. <br /> <br />(e) The source of payment of the principal and interest on Tax Increment Notes shall <br />be limited to Tax Increment. The Tax IncrementN otes shall not be a general obligation of the <br />City, the State or any political subdivision. <br /> <br />(f) Subject to Section 4.8(b) and (c), the City will issue any Tax Increment Note <br />issued on the Reconciliation Date on a tax exempt basis if (i) the City approves issuance of the <br />Tax Increment Note on a tax-exempt basis, (ii) the City receives an opinion from Bond Counsel <br />that, upon the issuance of such obligation, interest on such Tax Increment Note will not be <br />includable in gross income for federal income tax purposes, (iii) the Parties agree on an <br />adjustment to the interest rate set forth in subparagraph (c) above to reflect the Note's tax-exempt <br />status, and (iv) the Redeveloper shall pay costs of issuance, underwriter's discount, debt service <br />reserves, capitalized interest and other items which reduce Note proceeds available to the Project. <br /> <br />(g) If, on the Reconciliation Date, the Redeveloper Return on the Project is found to <br />exceed that permitted by Section 4.4, the principal amount of one or more outstanding Tax <br />Increment Notes (in the order in which they were issued) shall be reduced in the amount of the <br />excess tax increment financing assistance provided by the City. <br /> <br />Section 4.7. Tax Increment Bonds. <br /> <br />(a) The City agrees to issue one or more series of Tax Increment Bonds in the fourth <br />quarter of each year with respect to Minimum Improvements completed by December 31 of the <br />prior year, on such terms and conditions as are then available in the public marketplace, but in an <br />amount not to exceed that amount: <br /> <br />(1) required to refund and replace outstanding Tax Increment Notes and to pay <br />Eligible Project Costs which have been certified by the City pursuant to Section 4.3 and have not <br />already been, and are not expected to be, reimbursed or 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 (12.50/0). <br /> <br />The City will issue Tax Increment Bonds on a tax exempt basis if the City receives an opinion <br />from Bond Counsel that, upon the issuance of such obligations, interest on such Tax Increment <br />Bonds will not be includable in gross income for federal income tax purposes. <br /> <br />20 <br />
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