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Developer to be responsible for storing the dumpsters of neighboring <br />property owners but requires the Developer to work in good faith with the <br />Commission and said neighboring property owners to make the alley west <br />of the Site more attractive, which may, if acceptable to the Developer, <br />include the storage of the dumpsters in the Parking Facility.) <br />3.4 Timely Completion. The Developer shall complete the Parking Facility by <br />December 1, 2007 and the Condo Development by February 1, 2008. <br />3.5 Developer's Deliveries. The Developer shall provide the Commission with the <br />following documentation on or before May 31, 2006: <br />A. Draft Design Proposals and Architectural Renderings for Commission <br />Approval; <br />B. Updated Site Plan and Project Schedule <br />C. Developer's Marketing Plan <br />D. Signage Proposals <br />Upon completion, this documentation shall be incorporated as exhibits to the Agreement to the <br />extent that such documentation is referenced herein. <br />The Developer shall further be responsible for providing the Commission the deliverables <br />required under the Purchase Contract. <br />3.6 Private Investment. The Developer, agrees to the private investment goal for the <br />Project of a minimum Twenty Five Million Dollars ($25,000,000), whether through equity, debt, <br />third -party investment or some combination thereof, with the final amount to depend on its <br />ultimate square footage and construction costs. <br />SECTION 4.0 COMMISSION'S OBLIGATIONS. <br />4.1 Generally. The Commission acknowledges and agrees that Developer's <br />agreement to perform and abide by the covenants and obligations set forth in this Agreement is <br />material consideration of Commission's commitment to perform and abide by the covenants and <br />obligations of the Commission contained in the Agreement. <br />4.2 Conveyance of Interest in Site. The Commission shall convey the Site, <br />including the real estate and the air - rights, to the Developer pursuant to the terms of the Purchase <br />Contract and this Agreement in consideration for the covenants and obligations of the Developer <br />set forth herein and in the Purchase Contract. <br />4.3 Cooperation Regarding Parking Cost. At the Developer's request, the <br />10 Commission will review proposals regarding the design and construction of the Parking Facility <br />F:\ DATA\ SHAREU.egal \Wpdata \SEP\Economic Development \Gameday \Gameday Development Agreement (version 4).doc <br />5 <br />