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Reso 1997-101 to 105
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Reso 1997-101 to 105
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7/14/2022 4:45:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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3.03 Payment of Purchase Price. <br />(1) One Million Five Hundred Thousand Dollars ($1,500,000) shall be due <br />upon the Close of Escrow. The $50,000 which has already been paid as a deposit will <br />be credited against this amount, and shall be refunded if this Agreement is not <br />executed by November 1, 1997. <br />(2) An additional payment of between Zero Dollars ($0) and Five Hundred <br />Thousand Dollars ($500,000) (hereinafter "Additional Payment") shall be due and <br />payable subject to the following terms: <br />(a) Calculation of Additional Payment <br />(i) Annual Statements. By ninety (90) days following the first <br />full calendar year commencing after the agreed upon Date <br />of Operation (as defined in this Agreement) and upon each <br />anniversary date thereafter, Developer shall submit to <br />Agency a statement of the Additional Land Payment (as <br />defined by clause (ii) below) due for such calendar year, <br />together with a detailed annual accounting statement (the <br />"Annual Statement") setting forth the annual Gross <br />Operating Revenues and Net Revenues for the entire <br />calendar year, Costs (for the first such Annual Statement) <br />and adjustments to Costs (for calendar years after the year <br />covered by the first Annual Statement), and Developer's <br />computation of the Additional Land Payment, if any, due <br />Agency for such calendar year. The Developer shall <br />maintain the Project on an open book basis. The <br />Developer shall obtain written invoices and receipts for all <br />expenses and copies of checks or bank statements for all <br />income, and shall make such records available to the <br />Agency or its Executive Director at any time during regular <br />business hours. <br />(ii) Calculation of the Additional Payment. Calculation of the <br />Additional Payment shall be determined in the following <br />manner. First, Net Revenues shall be divided by 11 %. <br />The resultant amount shall then be reduced by Costs plus <br />Disposition and Development Page 11 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />
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