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R2000-108 AUTHORIZING EXECUTION OF AGREEMENT
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R2000-108 AUTHORIZING EXECUTION OF AGREEMENT
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Last modified
3/30/2016 2:49:43 PM
Creation date
3/30/2016 2:49:42 PM
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Resolution/Ordinance
Res Ord Num
R2000-108
Res Ord Title
AUTHORIZING EXECUTION OF AGREEMENT - AIRPORT PLAZA JOINT VENTURE
Approved Date
7/17/2000
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.4,.. .` ' �II <br /> 4. By modifying and amending the first paragraph of 4. in Exhibit 4 (Note), so that as so <br /> modified and amended, the first paragraph of 4 shall provide as follows: I <br /> 4. Payments. Payments on account of the indebtedness evidenced by <br /> this Note shall be made as set forth below, subject to the limitations contained in <br /> the Redevelopment Agreement, including, without limitation, the requirement that �, <br /> Tax Increment be available for such purpose. All principal and interest amounts <br /> then outstanding shall be due and payable, subject to the remaining provisions of <br /> this Paragraph 4, on the twentieth (20th) anniversary date of this Note (the <br /> "Maturity Date"). Prepayments on the principal balance and interest obligations <br /> of this Note shall be due in each year during which payments are or remain due <br /> PAYEE hereunder on the thirtieth (30th) day following the date on which Tax <br /> Increment is deposited into the Fund Sub-Account as provided in the <br /> Redevelopment Agreement (a "Payment Date") to the extent monies are in the <br /> Fund Sub-Account and available for such purpose. Payments on this Note shall <br /> continue, subject to the terms hereof, until all principal and interest obligations <br /> due hereunder have been satisfied in full. Notwithstanding anything to the <br /> contrary herein contained, this Note shall be canceled automatically on April <br /> , 2020, or when all obligations are met under Article V of the executed <br /> Redevelopment Agreement, even if the sum of all payments received prior to that <br /> date by PAYEE hereunder do not satisfy in full such principal and interest <br />, obligations. <br /> 5. By modifying and amending the paragraph 6 in Exhibit 4 (Note), so that as so <br /> modified and amended, paragraph 6 shall provide as follows: <br /> 6. Limited Obligation of CITY. THIS NOTE IS NOT SECURED BY <br /> THE FULL FAITH AND CREDIT OF THE CITY AND IS NOT PAYABLE <br /> OUT OF THE CITY'S GENERAL REVENUE FUND. THIS NOTE <br /> CONSTITUTES A LIMITED OBLIGATION OF THE CITY, AND ALL <br /> PAYMENTS DUE UNDER THIS NOTE SHALL BE PAYABLE SOLELY <br /> FROM THE TAX INCREMENT THAT IS AVAILABLE FOR SUCH <br /> PURPOSE UNDER THE PROVISIONS OF THE REDEVELOPMENT <br /> AGREEMENT. FAILURE OF THE CITY TO REIMBURSE DEVELOPER <br /> FOR ELIGIBLE PROJECT COSTS DUE TO INSUFFICIENT FUNDS <br /> GENERATED WITHIN THE SPECIAL TAX ALLOCATION FUND SHALL <br /> NOT BE DEEMED A DEFAULT OF THIS NOTE ON THE PART OF THE <br /> CITY. <br /> The City and Airport Plaza further agree that except as amended hereby, all of the <br /> provisions, terms and conditions of the Redevelopment Agreement shall continue in full force <br /> and effect. <br /> 2 <br />
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