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2009-12-07 Regular Council Session
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2009-12-07 Regular Council Session
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St. Louis County Collector to perform all duties required to be performed pursuant to Section 99.845 of <br />the TIF Act. <br />6.2 Application of TIF Revenues.{} <br /> TC \l2 “6.2 Application of TIF Revenues.” The <br />City will apply the TIF Revenues to the repayment of TIF Notes as provided in the Note Ordinance and <br />this Agreement. Such money shall be applied (either by the City Finance Director or other financial <br />officer or, at the option of the City, by a bond trustee or paying agent on behalf of the City) first from the <br />applicable subaccount of the EATS Account and then from the applicable subaccount of the PILOTS <br />Account, as follows: <br />(a) Payment to the United States of America of an amount sufficient to pay arbitrage <br />rebate, if any, owed with respect to the TIF Obligations under Section 148 of the Internal <br />Revenue Code of 1986, as amended, including any costs of calculating arbitrage rebate; <br />(b) Payment of fees and expenses owing to a bond trustee or paying agent, if any, in <br />connection with any TIF Notes; <br />(c) Payment of fees and expenses of the City in connection with the administration <br />of this Agreement, provided such amount shall not exceed $10,000 per year; <br />(d) Payment of interest or any scheduled principal becoming due and payable on the <br />TIF Notes on each interest payment date; and <br />(e) Payment or redemption of principal on the TIF Notes. <br />The City agrees that the officer of the City at any time charged with the responsibility of <br />formulating budget proposals will be directed to include in the budget proposal submitted to the City <br />Council for each fiscal year that TIF Obligations are outstanding a request for an appropriation of all <br />moneys on deposit in the Special Allocation Fund for application to the payment of the principal amount, <br />premium, if any, and interest of the TIF Obligations. <br />The City will apply the TIF Revenues in the manner set forth in the trust indenture for the TIF <br />Bonds. <br />6.3 Cooperation in Determining TIF Revenues. { <br /> TC \l2 “6.3 Cooperation in Determining TIF <br />} <br />Revenues.”The City and the Developer agree to cooperate and take all reasonable actions necessary to <br />cause the TIF Revenues to be paid into the Special Allocation Fund, including the City’s enforcement and <br />collection of all such payments through all reasonable and ordinary legal means of enforcement. The <br />Developer (or its successor(s) in interest as an owner or owner(s) of the affected portion(s) of the <br />Property) shall require each “seller” (as that term is defined in Section 144.010(10) of the Missouri <br />Revised Statutes, as amended) located on the Property which has multiple business operations within the <br />City to file a separate DOR Form 53-1 for each location in order to separately identify and declare all <br />sales taxes originating within the Property. To further assist the City in calculating TIF Revenues, the <br />Developer (or its successor(s) in interest as owner or owner(s) of the affected portion(s) of the Property) <br />shall use all reasonable efforts to: <br />(a) Upon written request of the City, supply or cause to be promptly supplied to the <br />City, copies of State sales tax returns filed with Missouri Department of Revenue promptly after <br />filing by “sellers” (as that term is defined in Section 144.010(10) of the Missouri Revised <br />Statutes, as amended) located on the Property; and <br /> <br />
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