Common use of Evidence of Financial Ability of Redeveloper Clause in Contracts

Evidence of Financial Ability of Redeveloper. The Redeveloper shall provide to the City on a confidential and privilege basis evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitment of the Redeveloper in connection with the Project Site. Such information shall state the amount and source of liquid assets on hand or immediately available to the Redeveloper for use in the Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to the Redeveloper for use in the Project Site. Such information shall be provided in a form satisfactory to the Finance Director of the City, and evidence of loan commitments shall include all the documents evidencing the loan commitment, and acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the Finance Director of the City shall be a condition precedent to the requirement of the City to proceed with its obligations under this Agreement. Executed by City this day of , 2008. CITY OF LINCOLN, NEBRASKA ATTEST: a municipal corporation By: City Clerk Xxxxx Xxxxxxx, Mayor of Lincoln STATE OF NEBRASKA ) )ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 2008, by Xxxxx Xxxxxxx, Mayor of the City of Lincoln, Nebraska, a municipal corporation, on behalf of the municipal corporation. Notary Public Executed by Redeveloper this day of , 2008. BLOCK 21 L.L.C., a Utah limited liability company By: Manager STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, , as Manager of the BLOCK 21, L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public Exhibit “C” Exhibit “D” Design Documents Exhibit “E” BLOCK 21, L.L.C CERTIFICATE OF COMPLETION OF PRIVATE IMPROVEMENTS KNOW ALL PEOPLE BY THESE PRESENTS: That the City of Lincoln, Nebraska, a Nebraska municipal corporation, hereinafter called "City", hereby makes the conclusive determination and certification that, with regard to the following real property situated in the City of Lincoln, Lancaster County, Nebraska, to wit ("Redeveloper Property"): Xxx 0, Xxx Xxxx xxx Xxxxxxxxxx Xxxxx Addition, Lincoln, Lancaster County, Nebraska, all the improvements required to be constructed upon the above-described Redeveloper Property have been satisfactorily completed in accordance with the requirements of the CITY OF LINCOLN REDEVELOPMENT AGREEMENT (North Haymarket Arts and Humanities Phase II) of the North Haymarket Arts and Humanities Center Block ("Agreement") by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska (“City”) and BLOCK 21, L.L.C., a Utah limited liability company (“Redeveloper”), said Agreement dated as of , 2008 and recorded as Instrument No. , in the office of the Register of Deeds for Lancaster County, Nebraska. The City further makes the conclusive determination that the Private Improvements (as defined in the Agreement) to the above-described Redeveloper Property are presently in conformance with the Agreement.

Evidence of Financial Ability of Redeveloper. The Redeveloper shall provide to the City on a confidential and privilege basis evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitment of the Redeveloper in connection with the Project Site. Such information shall state the amount and source of liquid assets on hand or immediately available to the Redeveloper for use in the Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to the Redeveloper for use in the Project Site. Such information shall be provided in a form satisfactory to the Finance Director of the City, and evidence of loan commitments shall include all the documents evidencing the loan commitment, and acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the Finance Director of the City shall be a condition precedent to the requirement of the City to proceed with its obligations under this Agreement. Executed by City this day of , 20082011. CITY OF LINCOLN, NEBRASKA ATTEST: a municipal corporation By: City Clerk Xxxxx Xxxxxxx, Mayor of Lincoln STATE OF NEBRASKA ) )ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 20082011, by Xxxxx Xxxxxxx, Mayor of the City of Lincoln, Nebraska, a municipal corporation, on behalf of the municipal corporation. Notary Public Executed by Redeveloper this day of , 20082011. BLOCK 21 L.L.C., a Utah limited liability company By: Woodbury Corporation, a Utah corporation, as Manager By Title: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20082011, , as of Woodbury Corporation, a Utah corporation, as Manager of the BLOCK 21, 21 L.L.C., a Nebraska limited liability company, on behalf of the limited liability company. Notary Public Exhibit “C” WOODBURY CORPORATION Block 21 Hotel Project TIF Analyis prepared by: Xxxx Xxxxxxx # Public TIF Improvements Funds Used Total Construction: $ 21,098,808 1 Site Work $ 50,000 80% of Value $ 16,879,046 3 Utilities / Infrastructure $ 375,000 Land Value $ 628,100 4 Streetscape $ 475,000 Not to Protest Number $ 17,507,146 5 Docks $ 400,000 TIF Calculation: 6 Plaza $ 350,000 Parcel Size Square Feet 25,123 7 Streets & Paving $ 280,000 Parcel Value $ 628,100 9 Public Art $ 200,000 Increment Created $ 16,879,046 8 Façade $ 645,552 Tax Rate 2.0% Annual Tax Increase $ 339,581 Total Block 21 TIF Expenditures $ 2,775,552 Debt Service Coverage 1.2 Total Debt Payment $ 282,984 # of Years 15 Interest Rate 5.85% Total TIF Available $2,775,552 Exhibit “D” Design Documents Exhibit “E” BLOCK 21, L.L.C 21 L.L.C. CERTIFICATE OF COMPLETION OF PRIVATE IMPROVEMENTS KNOW ALL PEOPLE BY THESE PRESENTS: That the City of Lincoln, Nebraska, a Nebraska municipal corporation, hereinafter called "City", hereby makes the conclusive determination and certification that, with regard to the following real property situated in the City of Lincoln, Lancaster County, Nebraska, to wit ("Redeveloper Property"): Xxx 0, Xxx Xxxx xxx Xxxxxxxxxx Xxxxx Addition, Lincoln, Lancaster County, Nebraska, all the improvements required to be constructed upon the above-described Redeveloper Property have been satisfactorily completed in accordance with the requirements of the CITY OF LINCOLN REDEVELOPMENT AGREEMENT (North Haymarket Arts and Humanities Hotel Phase II) of the North Haymarket Arts and Humanities Center Block ("Agreement") by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska (“City”) and BLOCK 21, 21 L.L.C., a Utah limited liability company (“Redeveloper”), said Agreement dated as of , 2008 2011 and recorded as Instrument No. , in the office of the Register of Deeds for Lancaster County, Nebraska,. . The City further makes the conclusive determination that the Private Improvements (as defined in the Agreement) to the above-described Redeveloper Property are presently in conformance with the Agreement.

Evidence of Financial Ability of Redeveloper. The Redeveloper shall provide to the City on a confidential and privilege basis (subject to the City’s obligation under Nebraska law to disclose public records which may not be withheld from the public) evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitment of the Redeveloper in connection with the Project Siteconstruction of the Redeveloper Improvements. Such information shall state the amount and source of liquid assets on hand or immediately available to the Redeveloper for use in the Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to the Redeveloper for use in the Project Siteconstruction of the Redeveloper Improvements. Such information shall be provided in a form satisfactory to the Finance Director of the City, and evidence of loan commitments shall include all the documents evidencing the loan commitment, and acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the Finance Director of the City shall be a condition precedent to the requirement of the City to proceed with its obligations under this Agreement. Executed by City this day of , 20082009. CITY OF LINCOLN, NEBRASKA ATTEST: a municipal corporation ATTEST: By: City Clerk Xxxxx Xxxxxxx, Mayor of Lincoln STATE OF NEBRASKA ) )) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 20082009, by Xxxxx Xxxxxxx, Mayor of the City of Lincoln, Nebraska, a municipal corporation, on behalf of the municipal corporation. Notary Public Executed by Redeveloper this day of , 20082009. BLOCK 21 L.L.C.XXXXXXXXX’X TRUCK STATION, INC. a Utah limited liability company Nebraska corporation By: Manager President STATE OF NEBRASKA ) )) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 20082009, by , as Manager President of the BLOCK 21Xxxxxxxxx’x Truck Station, L.L.C.Inc., a Nebraska limited liability companycorporation, on behalf of the limited liability companycorporation. Notary Public Exhibit “C” Exhibit “"D” Design Documents Exhibit " EXHIBIT “E” BLOCK 21, L.L.C CERTIFICATE OF COMPLETION OF PRIVATE REDEVELOPER IMPROVEMENTS KNOW ALL PEOPLE BY THESE PRESENTS: That the City of Lincoln, Nebraska, a Nebraska municipal corporation, hereinafter called "“City", ,” hereby makes the conclusive determination and certification certifies that, with regard to the following real property situated in the City of Lincoln, Lancaster County, Nebraska, to wit ("Redeveloper Property"): Xxx 0wit: Lots 13 and 37, Xxx Xxxx xxx Xxxxxxxxxx Xxxxx AdditionIrregular Tracts, Lincolnlocated in the NW 1/4 of Section 30, Township 10 North, Range 6 East of the 6th P.M., Lancaster County, Nebraska, (“Redeveloper Property”) all the improvements required to be constructed upon the above-described Redeveloper Property have been satisfactorily completed in accordance with the requirements of the CITY OF LINCOLN REDEVELOPMENT AGREEMENT (North Haymarket Arts and Humanities Phase IIXxxxxxxxx Travel Plaza Redevelopment Project) of the North Haymarket Arts and Humanities Center Block ("“Agreement"”) by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska (“City”) and BLOCK 21XXXXXXXXX’X TRUCK STATION, L.L.C.INC., a Utah limited liability company Nebraska corporation (“Redeveloper”), said Agreement dated as of , 2008 2009, and recorded as Instrument No. , in the office of the Register of Deeds for Lancaster County, Nebraska. The City further makes the conclusive determination that the Private Improvements (as defined in the Agreement) to the above-described Redeveloper Property are presently in conformance with the Agreement.

Evidence of Financial Ability of Redeveloper. The Redeveloper shall provide to the City on a confidential and privilege basis (subject to the City’s obligation under Nebraska law to disclose public records which may not be withheld from the public) evidence of availability of the specific amount of finances necessary for purposes of carrying out the commitment of the Redeveloper in connection with the Project Siteconstruction of the Redeveloper Improvements. Such information shall state the amount and source of liquid assets on hand or immediately available to the Redeveloper for use in the Project; and shall state the amount and source of debt financing which is available, or irrevocably committed, to the Redeveloper for use in the Project Siteconstruction of the Redeveloper Improvements. Such information shall be provided in a form satisfactory to the Finance Director of the City, and evidence of loan commitments shall include all the documents evidencing the loan commitment, and acceptance by the borrower, the purposes of the loan, the authorized use of loan funds, and all other terms and conditions of the loan commitment, the acceptance, and the loan. Submittal of such financial information in a form satisfactory to the Finance Director of the City shall be a condition precedent to the requirement of the City to proceed with its obligations under this Agreement. Executed by City this day of , 20082010. CITY OF LINCOLN, NEBRASKA ATTEST: a municipal corporation ATTEST: By: City Clerk Xxxxx Xxxxxxx, Mayor of Lincoln STATE OF NEBRASKA ) )) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 2008, 2010 by Xxxxx Xxxxxxx, Mayor of the City of Lincoln, Nebraska, a municipal corporation, on behalf of the municipal corporation. Notary Public Executed by Redeveloper this day of , 20082010. BLOCK 21 L.L.C., a Utah limited liability company By: Manager Xxxx X. Xxxxxx Xxxx Xxxxxx STATE OF NEBRASKA ) )) ss. COUNTY OF LANCASTER ) The foregoing instrument was acknowledged before me this day of , 20082010, by Xxxx X. Xxxxxx and Xxxx Xxxxxx, as Manager of the BLOCK 21, L.L.C., a Nebraska limited liability company, on behalf of the limited liability companyhusband and wife. Notary Public Exhibit “C” Exhibit EXHIBIT “D” Design Documents Exhibit “E” BLOCK 21, L.L.C CERTIFICATE OF COMPLETION OF PRIVATE REDEVELOPER IMPROVEMENTS KNOW ALL PEOPLE BY THESE PRESENTS: That the City of Lincoln, Nebraska, a Nebraska municipal corporation, hereinafter called "“City", ,” hereby makes the conclusive determination and certification certifies that, with regard to the following real property situated in the City of Lincoln, Lancaster County, Nebraska, to wit ("Redeveloper Property"): Xxx wit: Xxxx 0-0, Xxx Xxxx xxx Xxxxxxxxxx Xxxxx 0, Xxxxxxxx Addition, Lincolnand the vacated north-south alley abutting Xxxx 0-0, Lancaster CountyXxxxx 0, NebraskaXxxxxxxx Xxxxxxxx, Xxxxxxx, Xxxxxxxxx Xxxxxx, Xxxxxxxx, (“Project Property”) all the improvements required to be constructed upon the above-described Redeveloper Project Property have been satisfactorily completed in accordance with the requirements of the CITY OF LINCOLN REDEVELOPMENT AGREEMENT (North Haymarket Arts and Humanities Phase IILittle Saigon Project) of the North Haymarket Arts and Humanities Center Block ("“Agreement"”) by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska (“City”) ), and BLOCK 21XXXX X. XXXXXX AND XXXX XXXXXX, L.L.C.husband and wife, a Utah limited liability company (“Redeveloper”), said Agreement dated as of , 2008 2010, and recorded as Instrument No. , in the office of the Register of Deeds for Lancaster County, Nebraska. The City further makes the conclusive determination that the Private Improvements (as defined in the Agreement) to the above-described Redeveloper Property are presently in conformance with the Agreement.