Common use of Annual Appropriation Clause in Contracts

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Developer’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 2027.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term term of this Agreement, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Developer’s Company’ Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Company shall make the next succeeding submission of the Developer’s Company’ Estimate as called for in Section A.4 A.3 above, provided however that no Payment shall be made after June 1, 20272018.

Annual Appropriation. Each Payment The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, beginning December 1, 20[23], the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, year an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the such following fiscal year equal to or less than $16,000 (the most recently submitted Developer’s Estimate“Appropriated Amount”). In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or Payments, to seek damages relative thereto thereto, or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272034.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this AgreementTerm, as hereinafter defined, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Company shall make the next succeeding submission of the DeveloperCompany’s Estimate as called for in Section A.4 A.3 above, provided however that no Payment shall be made under this Agreement after June 1, 20272023.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Company shall make the next succeeding submission of the DeveloperCompany’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272030.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, commencing in the 2020 calendar year, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperBank’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- then-considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Bank will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Bank shall make the next succeeding submission of the DeveloperBank’s Estimate as called for in Section A.4 A.5 above, provided however that no Payment shall be made after June 1, 20272031.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this AgreementTerm, as hereinafter defined, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Company shall make the next succeeding submission of the DeveloperCompany’s Estimate as called for in Section A.4 A.5 above, provided however that no Payment shall be made after June 1, 202720 .

Annual Appropriation. Each Payment The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272035.

Annual Appropriation. Each Payment The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, beginning December 1, 2023, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, year an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the such following fiscal year equal to or less than $16,000 (the most recently submitted Developer’s Estimate“Appropriated Amount”). In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or Payments, to seek damages relative thereto thereto, or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272034.

Annual Appropriation. Each Payment The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this Agreement, commencing in calendar year 2020, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperProperty Owner’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Property Owner will 4826-0725-0068\3 have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Property Owner shall make the next succeeding submission of the DeveloperProperty Owner’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272031.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this AgreementTerm, as hereinafter defined, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer Company shall make the next succeeding submission of the DeveloperCompany’s Estimate as called for in Section A.4 A.3 above, provided however that no Payment shall be made under this Agreement after June 1, 20272019.

Annual Appropriation. Each Payment shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term of this AgreementTerm, as hereinafter defined, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted Developer’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer will have no rights whatsoever to compel the City to make such Payments or to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 aboveB.6 below, provided however that no Payment shall be made under this Agreement after June 1, 20272037.

Annual Appropriation. Each Payment The Payments shall be subject to annual appropriation by the City Council. Prior to December 1 of each year during the Term (as hereinafter defined) of this Agreement, beginning in the calendar year in which the Triggering Certification is filed, the City Council of the City shall consider in good faith the question of obligating for appropriation to the funding of the Payments due in the following fiscal year, an amount (the “Appropriated Amount”) of Incremental Property Tax Revenues to be collected in the following fiscal year equal to or less than the most recently submitted DeveloperCompany’s Estimate. In any given fiscal year, if the City Council determines to not obligate the then- considered Appropriated Amount, then the City will be under no obligation to fund the Payments scheduled to become due in the following fiscal year, and the Developer Company will have no rights whatsoever to compel the City to make such Payments or Payments, to seek damages relative thereto or to compel the funding of such Payments in future fiscal years. A determination by the City Council to not obligate funds for any particular fiscal year’s Payments shall not render this Agreement null and void, and the Developer shall make the next succeeding submission of the Developer’s Estimate as called for in Section A.4 above, provided however that no Payment shall be made after June 1, 20272036.