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2015_0511_CCPacket
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2015_0511_CCPacket
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Attachment B <br />definitive Contract for the Development. <br />5. It is expressly understood that execution of a definitive Contract for the <br />Development shall be subject to: <br />(a) A determination by the City in its sole discretion that its undertakings are <br />feasible based on (i) the projected tax increment revenues and any other revenues designated <br />by the City (to the extent requested by Developer); (ii) the purposes and objectives of any <br />tax increment, development, or other plan created or proposed for the purpose of providing <br />financial assistance for the Development, if any, including the determination that such <br />assistance is reasonably necessary in order to make the Development possible; and (iii) the <br />best interests of the City. <br />(b) A determination by the Developer that the Development is feasible and in <br />the best interests of the Developer. <br />(c) Successful conveyance of the Authority-owned portion of the Property to the <br />City. <br />6. This Agreement is effective one-hundred and twenty (120) days after the effective <br />date of this Agreement, unless extended with approval of the city council of the City. After <br />expiration of the term of this Agreement, no party shall have any obligation hereunder except as <br />expressly set forth to the contrary herein. <br />7. The Developer shall be solely responsible for all costs incurred by the Developer. In <br />addition, the Developer shall reimburse the City for Administrative Costs, as hereafter defined. For <br />the purposes of this Agreement, the term "Administrative Costs" means out of pocket costs incurred <br />by the City together with staff costs of the City, all attributable to or incurred in connection with the <br />negotiation and preparation of this Agreement, a definitive Contract for the Development, and other <br />documents and agreements in connection with the Development, including without limitation all <br />costs in connection with re-platting of the Property, tax increment financing analysis, and the cost of <br />financial advisors, attorneys, and planning and environmental consultants. <br />In order to secure payment of the Administrative Costs incurred by the City during the term <br />of this Agreement, the Developer shall deliver to the Authority cash or a certified check in �he <br />amount of $15,000.00, such delivery to occur upon execution of this Agreement. The City will <br />utilize the funds delivered by the Developer to pay or reimburse itself for Administrative Costs. If <br />Administrative Costs exceed the initial amount paid by the Developer, the Developer shall pay such <br />additional Administrative Costs within 10 business days of a demand by the City evidencing such <br />additional Administrative Costs. Upon termination of this Agreement, the City will return to the <br />Developer the funds paid by the Developer to the City pursuant to this Section 7, less an amount <br />equal to the Administrative Costs incurred by the City through the date of notice of termination, <br />provided that if the parties proceed to the negotiation of the definitive Contract, any portion of the <br />funds delivered by the Developer under this Agreement may be applied to any Administrative Costs <br />incurred in connection with the negotiation and preparation of the Contract and payable by the <br />:� <br />
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