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6E1
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12-12-13
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1/13/2014 12:21:54 PM
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12/10/2013 9:58:56 AM
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construction schedules in Exhibit L are not met, as follows (the "Development <br />Delay Fee "): <br />(i) A fee will be due for the commercial component in an <br />amount equal to the lesser of (A) the Estimated Assessed Value as of the <br />Determination Date, less the Actual Assessed Value as the Determination <br />Date, multiplied by 3 %, or (B) the Estimated Private Investment as of the <br />Determination Date, less the Actual Private Investment as of the <br />Determination Date, multiplied by 3 %. Any such fee due the City shall be <br />paid in two equal installments by July 5 and January 5 of the year <br />following the applicable Determination Date (which payments shall be <br />tolled for the period of time from the Determination Date until official <br />notice of the applicable assessed valuation is received). <br />(ii) A fee will be due for the multifamily component in an <br />amount equal to the lesser of (A) the Estimated Assessed Value as of the <br />Determination Date, less the Actual Assessed Value as of the <br />Determination Date, multiplied by 2 %, or (B) the Estimated Private <br />Investment as of the Determination Date, less the Actual Private <br />Investment as of the Determination Date, multiplied by 2 %. Any such fee <br />due the City shall be paid in two equal installments by July 5 and <br />January 5 of the year following the applicable Determination Date (which <br />payments shall be tolled for the period of time from the Determination <br />Date until official notice of the applicable assessed valuation is received). <br />(iii) A fee will be due for the residential component in an <br />amount equal to the lesser of (A) the Estimated Assessed Value as of the <br />Determination Date, less the Actual Assessed Value as of the <br />Determination Date, multiplied by 1%, or (B) the Estimated Private <br />Investment as of the Determination Date, less the Actual Private <br />Investment as of the Determination Date, multiplied by 1%. Any such fee <br />due the City shall be paid in two equal installments by July 5 and <br />January 5 of the year following the applicable Determination Date (which <br />payments shall be tolled for the period of time from the Determination <br />Date until official notice of the applicable assessed valuation is received). <br />(d). Exhibit M attached hereto and incorporated herein provides a <br />form to be used in calculating fees due the City under this Section 4. 10, and shall <br />be filed annually by Developer with the City no later than each April 15 in the <br />year following the applicable Determination Date beginning April 15, 2014, and <br />continuing annually thereafter until one year after the Project is substantially <br />complete. The City and the Developer acknowledge that the Developer has <br />provided to the City a completed form of Exhibit M satisfying the April 15, 2014 <br />filing requirement which shows an amount potentially accrued of $826,885, <br />subject to the other provisions of this Agreement and to future changes in the <br />collection of taxes. The City will provide written notice to the Developer by <br />ONE <br />
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