Obligation to Reimburse from Tax Increment Fund Sample Clauses

Obligation to Reimburse from Tax Increment Fund. Subject to the terms of this Agreement and the conditions in this Section, the City agrees, solely and exclusively from 95% of the Incremental Tax Revenues, to reimburse Developer for Redevelopment Project Costs in a total amount not to exceed the North Project TIF Cap plus interest at the Actual Interest Rate for Borrowed Funds but no more than the WSJ Prime Rate plus 3% as published at the time of this Agreement or the time permanent financing is in place as long as that is within two years of the signing of this Agreement. The City shall retain 5% of the Incremental Tax Revenues to pay for the City Project, except that if the City Project does not commence within sixty (60) months of the date of the filing of the Certificate of Substantial Completion by the South Project Developer with the City in accordance with Section 4.07, such 5% of Incremental Tax Revenues shall be used to reimburse the Developer’s Redevelopment Project Costs in accordance with Section 6.01. Developer shall be reimbursed for Redevelopment Project Costs from the Tax Increment Fund by the City as funds are collected in the Tax Increment Fund (the “Pay As You Go” method). The Parties agree that such reimbursement shall be made only on a Pay As You Go basis solely from Incremental Tax Revenues. The City shall have no obligation to reimburse Developer until funds are available in the Tax Increment Fund. Nothing in this Agreement shall obligate the City to reimburse Developer for any cost that is not a “Redevelopment Project Cost” as defined by the Act, except as otherwise expressly provided in this Agreement.

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