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Res 2008-140
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Res 2008-140
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Last modified
2/27/2009 8:41:08 AM
Creation date
10/29/2008 9:39:25 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-140
Date
10/21/2008
Volume Book
178
Document Relationships
Res 2007-150
(Superseded by)
Path:
\City Clerk\03 Resolutions\2000 s\2007
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another request for payment for the period from July 1 through December <br />31 of each applicable year. For Year One, the first request for payment <br />will cover the period between the Sales Tax Effective Date and June 30, <br />2010. The Owner's request for payment shall be accompanied by <br />appropriate information for all retailers and other sales tax generating <br />operations in the Project from which the City can confirm the amount of <br />Sales Tax Revenues for the applicable period. The City shall make its <br />payments to Owner within 90 days of Owner's delivery to the City of a <br />request for payment. <br />C. Payment from Other Sources. The City, at its <br />election, may fund any reimbursements provided for in this Agreement by <br />the issuance of bonds or similar type mechanism: provided, however that <br />the issuance of such bonds shall not impede or delay any reimbursement <br />payments due to Owner pursuant to the terms of this Agreement. <br />d. Revenues from the Project. It is understood and agreed <br />that the Owner may convey separate fee simple interests such as retail, <br />restaurant and commercial pad sites, to other third party entities doing <br />business within the boundaries of the Project. The terms and conditions of <br />this Agreement shall not inure to the benefit of such third party entities. <br />However, for purposes of calculating the paMents to Owner from Ad <br />Valorem Tax Revenues and Sales Tax Revenues under this paragraph 6.2, <br />any Ad Valorem Tax Revenues and Sales Tax Revenues generated within <br />the areas owned by such entities shall be attributed to Owner. <br />2.6 The following paragraph is hereby added to Section 8 of the Agreement: <br />8.3 Immediately upon execution of the First Amendment to the <br />Agreement, Owner shall use commercially reasonable efforts to diligently <br />pursue, solicit, and market the Project to business or entities with the <br />intent of securing a long term lease of at least five years or a fee simple <br />interest in space within the Project boundaries for the location of an <br />Entertainment Venue and shall ensure that adequate space is available <br />within the Project boundaries during the term of this Agreement for the <br />location of such an Entertainment Venue. Owner shall, at least semi-
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