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November 19, 2007 (Regular Meeting) <br />Page 618 <br />(b) With respect to amounts in the Issuer Contribution Account, to <br />repay the appropriate fund of the City for any moneys actually expended on <br />debt service on the Bonds from any sources other than the Incremental <br />Revenues. <br />(c) To the extent permitted under the Indenture or upon the discharge <br />of the Indenture, any balance in the accounts of the Incremental Revenue Fund <br />shall be withdrawn and paid to the City or County, as the case may be, for <br />deposit to the general fund of the City or the County. <br />ARTICLE III <br />THE PUBLIC IMPROVEMENTS <br />SECTION 3.1. Public Improvement List and Priorities. <br />The City and the County acknowledge that the County Contribution is <br />intended to assist in the funding of the Bond Public Improvements. The Bond <br />Public Improvements shown on Schedule A are divided into the following <br />categories: City Improvements and County Improvements and each is assigned a <br />priority for funding. Each of the City and the County may change or alter <br />the priority of funding for a project identified as its Improvement, but may <br />not alter the priority of funding for the other's Improvement. All other <br />changes to the Projects shall be approved by both the City and the County. <br />SECTION 3.2. Ownership of Public Improvements. All Bond Public <br />Improvements shall be owned by the State, one of its agencies or political <br />subdivisions or some other governmental entity or instrumentality. <br />SECTION 3.3. Health Alliance Facility. The City acknowledges that <br />provision of funding for the Health Alliance Facility is a primary concern of <br />the County. Accordingly, the City agrees that it will set aside the sum of <br />$15 million from the initial issue of Bonds to provide funds for the Health <br />Alliance Facility. The City also agrees that it will submit promptly for <br />payment by the Trustee any requisition for costs for the Health Alliance <br />Facility provided by the County and take all action under the Indenture <br />necessary to process any such request. The City and the County agree that <br />the City will have no authority or responsibility for the design and <br />construction of the Health Alliance Facility unless the County requests it to <br />do so. <br />ARTICLE IV <br />MISCELLANEOUS <br />SECTION 4.1. Tax Collections. The County acknowledges that its <br />Department of Tax Administration is responsible for assessment of all <br />property for purposes of taxation and for collection of taxes imposed by the <br />County and the City and serves as the Tax Assessor and the Tax Collector. <br />The County agrees to proceed diligently to collect all taxes due including <br />amounts due under the Minimum Assessment Assessed Value Agreement and to <br />provide for the performance of the duties of the Tax Assessor thereunder as <br />Assessment Agent. <br />SECTION 9.2. Schedule of Payments. There shall be attached to this <br />Agreement as Schedule B a schedule of payments upon each issuance of the <br />Bonds. Schedule B shall set forth the annual payment requirements for the <br />Bonds for each calendar year which shall be divided between the amount due <br />from the Issuer Contribution Account and the County Contribution Account. <br />Upon each issuance -of the Bonds or any Additional Bonds or upon any <br />prepayment or defeasance of Bonds that would result in a change in the annual <br />payment requirements, the Issuer shall furnish to the County and the Trustee <br />a revised Schedule B promptly upon any such prepayment or defeasance which <br />schedule shall demonstrate an allocation of savings or reduction in payments <br />proportionate to the amount of payments being made by each. <br />SECTION 9.3. Notices. All notices, demands or requests required or <br />permitted to be given pursuant to this Agreement shall be given in writing <br />and shall be deemed to have been properly given or served and shall be <br />effective upon being deposited in the United States mail, postage prepaid, <br />sent to the respective address as follows: <br />As to the City: City of Kannapolis, North Carolina <br />296 Oak Ave <br />Kannapolis, NC 28081 <br />Attention: City Manager <br />