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2015_0112_CCpacket
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2015_0112_CCpacket
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Attachment B <br />commencement of actions necessary to create a tax increment financing district that includes <br />the Property. <br />(b) Proceed to seek a11 necessary information with regard to the anticipated <br />public costs associated with the Development. <br />(c) Estimate the Authority's level and method of financial participation, if any, <br />in the Development and develop a finaneial plan for the Authority's participation. <br />(d) Either acquire the City-owned portion of the Property and grant to the <br />Developer, or cause the City to grant to the Developer, a right of access to the Property <br />for purposes of environmental and soil testing. Developer agrees to indemnify, save <br />harmless, and defend the Authority and City, their officers, and employees, from and <br />against any and all claims, actions, damages, liability and expense in connection with <br />personal injury and/or damage to the Property arising from or out of any occurrence in, <br />upon or at the Property caused by the act or omission of the Developer in connection with <br />Developer's entry on the Property. Further, Developer shall not permit any mechanics', <br />materialmens' or other liens to stand against the Property or any part thereof for work or <br />materials furnished to Developer in connection with the right of entry granted pursuant to <br />this Agreement and Developer agrees to indemnify, defend and hold harmless the <br />Authority and City from and against the same. <br />5. It is expressly understood that execution of the Contract shall be subject to: <br />(a) A determination by the Authority in its sole discretion that its undertakings <br />are feasible based on (i) the projected tax increment revenues and any other revenues <br />designated by the Authority (to the extent requested by Developer); (ii) the purposes and <br />objectives of any tax increment, development, or other plan created or proposed for the <br />purpose of providing financial assistance for the Development, if any, including the <br />determination that such assistance is reasonably necessary in order to make the <br />Development possible; (iii) the best interests of the Authority. <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 City-owned portion of the Property to the <br />Authority; pursuant to the terms of the Memorandum of Understanding between the City <br />and Authority dated as of October 22, 2012, as amended. <br />6. This Agreement is effective from the date hereof through June 30, 2014, unless <br />extended with approval of the Authority's board of commissioners. After expiration of the term of <br />this Agreement, neither party shall have any obligation hereunder except as expressly set forth to the <br />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 Authority for Administrative Costs, as hereafter defined. <br />For the purposes of this Agreernent, the term "Administrative Costs" means out of pocket costs <br />incurred by the Authority and City together with staff costs of the Authority and City, all <br />3 <br />
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