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Attachment D <br />11.The City will not consider waiving fees including, but not limited to, building <br />permit fees, park dedication fees,SAC charges, and planning and zoning <br />application fees.The City may consider using SAC credits, to the extent they <br />are available, to off-seta project’s SAC expenses. <br />12.The developer shall proactively attempt to minimize the amount of public <br />assistance needed through the pursuit of grants, innovative solutions in <br />structuring the deal, and other funding mechanisms. <br />13.All developments are subject to execution and recording of a Minimum <br />Assessment Agreement. <br />4.PROJECTS WHICH MAY QUALIFY FOR PUBLIC FINANCING ASSISTANCE <br />A. All new applications for assistanceconsidered by the City must meet each of the <br />not <br />following minimum qualifications. However, it should be presumed that a <br />project meeting thesequalifications will automatically be approvedfor assistance. <br />Meeting the qualifications does not imply or create contractual rights on the part of <br />any potential developer to have its project approved for assistance. <br />4.1MINIMUM QUALIFICATIONS/REQUIREMENTS: <br />A.In addition to meeting the applicable requirements of State law, the project shall <br />meet one or more of the public financing objectives outlined in Section 2. <br />B.The developer must demonstrate to the satisfaction of the Citythat the project is <br />not financially feasible “but for” the use of tax incrementor other publicfinancing. <br />C. The project must be consistent with the City’s Comprehensive Plan and Zoning <br />Ordinances, Design Guidelines or any other applicable land use documents. <br />D. Prior to approval of a financing plan, the developer shall provide any requested <br />market and financial feasibility studies, appraisals, soil boring, private lender <br />commitment, and/or other information the City or its financial consultants may <br />require in order to proceed with an independent evaluation of the proposal. <br />E. The developermust provide adequate financial guarantees to ensure the repayment <br />of any public financing and completion of the project. These may include, but are <br />not limited to, assessment agreements, letters of credit, personal deficiency <br />guarantees, guaranteed maximum cost contract, etc. <br />F.Any developer requesting assistance must be able to demonstrate past successful <br />general development capability as well as specific capability in the type and size of <br />development proposed. Public financing will not be used when the developer’s <br />credentials, in the sole judgment of the City, are inadequate due to past history <br />relating to completion of projects, general reputation, and/or bankruptcy, or other <br />problems or issues considered relevant to the City. <br /> <br />