Credit Enhancement Agreement

发布时间:2019-08-13 05:43:03

  credit enhancement agreement betweenaaa, _________(address) and bbb corporation dated as of _________,_________,_________(m/d/y) .
  table of contents
  article i
  section . definitions
  section . interpretation and construction
  section . development program
  section . completion
  section . city costs
  section . agreement controls
  article ii
  section . creation of development program fund
  section . liens
  section . deposits into development program fund
  section . monies held in trust
  article iii
  section . credit enhancement payments
  section . failure to make payment
  section . manner of payments
  section . obligations unconditional
  section . limited obligation
  section . calculation of retained tax increment
  section . revaluation
  article iv
  section . pledge of project cost account
  section . perfection of interest
  section . further instruments
  section . no disposition of developer subaccount
  section . access to books and records
  article v
  section . events of default
  section . remedies on default
  section . remedies cumulative
  . agreement to pay attorneys" fees and expenses
  section . tax laws
  article vi
  section . effective date and term
  section . cancellation and expiration of term
  article vii
  section . consent to pledge and/or assignment
  section . pledge, assignment or security interest
  section . assignment
  article viii
  section . successors
  section . parties in interest
  section . severability
  section . no personal liability of officials of the city
  section . counterparts
  section . governing law
  section . notices
  section . amendments
  section . net agreement
  section . benefit of assignee or pledges
  section . integration
  section . disputes
  section . arbitration
  this credit enhancement agreement dated as of _________,_________,_________(m/d/y), between the aaa, _________ (the "city"), a municipal body corporate and politic and a political subdivision of the state of _________, and bbb corporation (the "developer"), a _________(address) corporation with a place of business in bath, _________(address) .
  witnesseth that
   whereas, the city designated the bbb municipal development and tax increment financing district #1and the bbb municipal development and tax increment financing district #2(the "districts") pursuant to chapter207of title30-a of the _________(address) revised statutes, as amended, by action of the city council at a city council meeting held on _________,_________,_________(m/d/y) (the "vote") and pursuant to the same vote adopted a development program and financial plan for the districts (the "development program"); and【10】【11】【12】【13】【14】【15】【16】【17】【18】【19】
  whereas, the _________(address) department of economic and community development has reviewed and accepted the district and the development program effective _________,_________,_________(m/d/y); and
  whereas, the development program contemplates the execution and delivery of a credit enhancement agreement between the city and the developer; and
  whereas, the city and the developer desire and intend that this credit enhancement agreement be and constitute the credit enhancement agreement contemplated by and described in the development program;
  now, therefore, in consideration of the foregoing and in consideration of the mutual promises and covenants set forth herein, the parties hereby agree as follows:
  article i
  definitions: interpretations
  section . definitions. the terms defined in this article i shall, for all purposes of this agreement, have the meanings herein specified, unless the context clearly requires otherwise:
  "agreement" shall mean this credit enhancement agreement between the city and the developer.
  "captured assessed value" shall mean the valuation amount by which the then current assessed value of the districts exceeds the original assessed value of the districts.
  "city" means the aaa, _________(address), a municipality duly organized and existing under the laws of the state of _________(address).
  "city share" means (a) all of the retained tax increment revenues other than the developer share thereof plus (b) all interest and earnings on all of the retained tax increment revenues, except as provided in section (e) hereof.
  "developer" means bbb corporation, a _________(address) corporation with a place of business in bath, _________(address).
  "development program" means the development program for the district as adopted by the bath city council at a meeting held on _________,_________,_________(m/d/y).
  "development program fund" means the development program fund described in the financial plan section of the development program and established and maintained pursuant to article ii hereof.
  "developer share" means (a)100% of the real property increment with respect to the land level facility and50% of the real property increment with respect to the existing facility and50% of the personal property increment with respect to the land level facility and50% of the personal property increment with respect to the existing facility, for each of the twenty-five years of the term of this agreement (commencing with the year _________ tax year) of the retained tax increment revenues, provided, however, that such percentages shall be reduced to the following amounts at such time that the aggregate amount of payments by the city to the developer during the term of this agreement and pursuant to this agreement equal $ _________;100% of the real property increment with respect to the land level facility with respect to assessed value equal to the assessed value of land level facility (district #1) real property as of _________,_________,_________(m/d/y);35% of the real property increment with respect to the land level facility with respect to assessed value of real property in excess of the assessed value of land level facility (district #1) real property as of _________,_________,_________(m/d/y);35% of the personal property increment with respect to the land level facility;35% of the real property increment with respect to the existing facility; and35% of the personal property increment with respect to the existing facility.【10】【11】【12】【13】【14】【15】【16】【17】【18】【19】

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