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Exhibit B: Parcel Map, <br />Exhibit C: Public Improvement Scope of Work. <br />Exhibit D: Form of Promissory Note. <br />Exhibit E: Form of Deed of Trust. <br />Exhibit F: Personal Guarantee. <br />ARTICLE 2 PUBLIC IMPROVEMENT LOAN PROVISIONS <br />Section 2.1 Public Improvement Loan, The City shall lend the Public <br />Improvement Loan to the Borrower a total amount not to exceed Thirteen Million Dollars <br />($13,000,000.00), for the purpose of constructing and installing the City Funded <br />Improvements as set forth in the Budget. <br />Section 2.2 City's Discretion. City may decide in its sole and absolutely <br />discretion to fund the Public Improvement Loan either from the City's general fund or City <br />may enter into a private rate loan, <br />Section 2.3 Loan Repayment, The obligation to repay the Public Improvement <br />Loan is evidenced by the Promissory Note and the Public Improvement Loan shall be <br />repaid in accordance with the terms set forth therein and this Agreement. <br />Section 2.4 City Costs. Borrower agrees to pay City for all costs, including staff <br />time associated with entering into this Agreement in addition to any interest for the Public <br />Improvement Loan. <br />Section 2.5 Interest. <br />(a) If the City determines to fund the Public Improvement Loan from the <br />City's General Fund, then the Public Improvement Loan shall accrue interest at the Local <br />Agency Investment Fund (LAIF) rate. The rate shall readjust July]" of each year. For each rate <br />adjustment on July 1, the LAIF rate for the 12 months ended the preceding May shall be used. <br />Until the first rate adjustment on July 1, 2023, the LAIF rate for the 12 months ended December <br />2022 shall be used. The Borrower shall deposit the full amount of each debt service payment <br />with the City three (3) days prior to the due date as determined by the City: prior to the first such <br />payment. <br />(b) If the City determines to fund the Public Improvement Loan through a <br />Private Loan, then Borrower shall repay the City for any and all interest and fees charged as a <br />result of that Private Loan, The Borrower shall deposit the full amount of each debt service <br />payment with the City ten (10) days prior to the due date required by the City's lender, <br />Section 2.6 Use of Loan Funds. The Borrower shall use the Public Improvement <br />Loan solely to pay the cost of construction and installation of the City Funded <br />Improvements in accordance with the City Approvals, any improvement plan submitted to <br />55394.00049W0884170.6 <br />