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other terms acceptable to the Agency, this Agreement shall become <br /> null and void unless extended by mutual written agreement of the <br /> parties hereto. <br /> Section 2 . 02 . Ac�y Assistance and Conditions <br /> Precedent . <br /> The Agency hereby agrees that in order to assist the <br /> Developer in the development of the Project, the Agency shall, <br /> subject to the terms and conditions contained herein, convey to <br /> Developer the Property at no cost (the "Land Grant" ) and monetary <br /> assistance in the amount of �ecSix Hundred Thirtv Two Thousand <br /> Eiqht Hundred Twenty Fh�_ ___________Six Dollars and Seventv Five Cents <br /> (�3� 632,�-6-�846 . 75) (the "Development Grant" ) and a subsidy to be <br /> used for the sole purpose of paying water facility fees (the "Fee <br /> Subsidy" ) . The Land Grant, the Development Grant and the Fee <br /> Subsidy are from time to time referred to collectively herein as <br /> the "Agency Assistance" . <br /> a. The Agency shall provide the Developer with the Land <br /> Grant, which shall be deemed to have a value of Eight Hundred Seven <br /> Thousand Five Hundred Dollars ($807, 500) . <br /> b. Proceeds of the Development Grant shall only be used <br /> to help offset the costs of the construction of the Project . <br /> Proceeds from the Fee Subsidy shall be directly allocated to the <br /> payment of the required water facility fees applicable to the <br /> Project . The parties acknowledge that the amount of the Fee <br /> Subsidy necessary to pay for the water facility fees of the Proj ect <br /> is unknown at this time . However, to the extent that such water <br /> facility fees exceed Seventy Four Thousand Dollars ($74, 000) , <br /> Developer acknowledges that additional funds necessary to pay for <br /> the excess amount will be contingent upon Agency' s ability to <br /> secure additional funding. <br /> c . The Agency' s duty to provide the Agency Assistance <br /> to the Developer, and to disburse the proceeds of the Development <br /> Grant as more fully set forth in Section 2 . 02 (e) hereof, shall be <br /> expressly subject to the satisfaction of the following conditions <br /> precedent or the waiver of such conditions by the Agency: <br /> (1) The Developer shall have submitted to the <br /> Agency evidence reasonably satisfactory to the Agency that the <br /> Developer has obtained (i) firm and fully executed commitments for <br /> the receipt of a Self-Help Home Ownership ( "SHOP" ) grant and <br /> Affordable Housing Program ( "AHP" ) funds in amounts sufficient to <br /> fund the Proj ect' s development costs in excess of the amount of the <br /> Development Grant (collectively, the "Public Assistance" ) , and/or <br /> REDW\0006\DOC\013-7 <br /> 4 1\11\08 940 law <br />