Payment of Tax Increment Shortfall Clause Samples
The Payment of Tax Increment Shortfall clause requires a party, typically a developer or property owner, to cover any deficit when actual tax increment revenues fall below a predetermined threshold or amount expected by a municipality or authority. In practice, if the increased property taxes generated by a development project do not meet the projections used to finance public improvements or repay bonds, the responsible party must pay the difference to ensure financial obligations are met. This clause ensures that the public entity is protected from revenue shortfalls, thereby reducing financial risk and maintaining the viability of tax increment financing arrangements.
Payment of Tax Increment Shortfall. Any Tax Increment Shortfall payment due to the City shall be deducted from any MRO payment (otherwise due Developer but for the Default) from the City during the year in which the Tax Increment Shortfall payment obligation arises. If the Tax Increment Shortfall payment exceeds the amount of such MRO payment, Developer shall pay to the City an amount equal to the difference between such MRO payment and the Tax Increment Shortfall. If there is no MRO payment due Developer for such year, Developer shall pay to the City the full amount of the Tax Increment Shortfall for such year. Any Tax Increment Shortfall payment due to the City from Developer pursuant to this ARTICLE III shall be made within ten (10) days of written request for payment by the City.