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11.01 - TIF 1-9 Reassignment
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03-06-2012 Council Meeting
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11.01 - TIF 1-9 Reassignment
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� (b) The Assignee acknowledges that it may not re-assign the Developer's rights under <br />the Development Agreement without the express prior written consent of the City as provided in <br />the Development Agreement. <br />(c) The Assignee certifies that it has the qualifications and financial responsibility <br />necessary and adequate to fulfill the obligations undertaken by the Developer in the <br />Development Agreement. <br />7. Payment of Taz Increments: The parties acknowledge that the payment of Tax <br />Increments (as defined in the Development Agreement) payable in accordance with the terms of <br />the Development Agreement on the Note Payment Date (as defined in the Development <br />Agreement) of August 1, 2011 and February 1, 2012 shall be paid to the Assignor and future <br />Note Payment Dates of August 1, 2012 to and including the final Note Payment Date of <br />February 1, 2017 shall be paid to the Assignee. <br />8. Assignee Default: In the event the Assignee defaults under the terms and obligations of <br />the Development Agreement assigned hereunder and does not cure the default in accordance <br />with the terms of the Development Agreement, the Assignee acknowledges the City has the right <br />to pursue any remedies against the Assignee as provided in the Development Agreement without <br />any notice to and without seeking any remedy from the Assignor. <br />9. Governing Law: It is agreed that this Assignment shall be governed by, construed and <br />enforced in accordance with the laws of the State of Minnesota. <br />� <br />10. Attorneys Fees: In the event that any action is filed in relation to this Assignment, the <br />unsuccessful party in the action shall pay to the successful party, in addition to all the sums that <br />either party may be called on to pay, a reasonable sum for the successful party's attorneys' fees. <br />� <br />11. Partial Invalidity: The invalidity of any portion of this Assignment will not and shall <br />not be deemed to affect the validity of any other provision. In the event that any provision of this <br />Assignment is held to be invalid, the parties agree that the remaining provisions shall be deemed <br />to be in full force and effect as if they had been executed by both parties subsequent to the <br />expungement of the invalid provision. <br />12. Entirety of Agreement: This Assignment shall constitute the entire agreement between <br />the parties and any prior understanding or representation of any kind preceding the date of this <br />Assignment shall not be binding upon either party except to the extent incorporated in this <br />Agreement. <br />13. Modification: Any modification of this Agreement or additional obligation assumed by <br />either party in connection with this Assignment shall be binding only if placed in writing and <br />signed by each party or an authorized representative of each party. <br />14. Paragraph Headings: The titles to the paragraphs of this Agreement are solely for the <br />convenience of the parties and shall not be used to explain, modify, simplify, or aid in the <br />interpretation of the provisions of this Agreement. <br />4505045v2 <br />3 <br />
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