No. 2241 approving a development agreement with gameday centers Southeastern, LLC and related matters

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• whether to award any bid. Applicant hereby certifies that: 1. Applicant has submitted a Narrative Description of the proposed development for the Property described at Exhibit "A, " explaining the exact nature and character of the improvements proposed for the Property and their use, together with maps and plans sufficiently complete to indicate the general improvements to be- made on the Property. (Maps and plans must be of sufficient scale to indicate clearly the location of the structures and other proposed improvements and should provide information on building elevations and materials.) 2. Applicant has reviewed and completed the Proposal Documents and Forms provided by the Department of Community & Economic Development/Division of Economic Development ( "Department ") -which include: - (i) a Statement of the Qualifications and Financial Responsibility; (ii) a Statement for Public Disclosure, and (iii) a sworn Affidavit of Non - Collusion. 3. Applicant has submitted a Faithful Performance Guaranty in the amount of Sixteen Thousand Five Hundred Dollars ($16,500.00), an amount equal to not less than 10% of the that no offer to purchase or develop the Property will be considered by the Commission unless accompanied by the Faithful Performance Guaranty. Applicant understands and acknowledges that the Faithful Performance Guaranty will be refunded to the successful Applicant at such time the Commission deems that the, improvements to the property, as proposed, have been completed and the Commission issues its Certificate of Completion. Applicant further understands that the Faithful Performance Guaranty will be refunded to Applicants whose Bid is rejected as soon as • practicable after notice of rejection. Applicant understands and acknowledges that the submission of a completed Application by Applicant shall constitute express authorization by Applicant to the Commission to obtain, solicit, receive and/or utilize information that the Commission, in its sole discretion, deems pertinent to Applicant's submission, including information from any persons or entities identified by Applicant or from persons or entities having knowledge of the Applicant's experience, abilities, past performance, integrity or financial status, or knowledge related to any other item referenced in the Proposal Documents and Forms. Applicant, by submission of a completed Application also acknowledges that any information provided to or obtained by the Commission, whether related to financial matters or otherwise, may be subject to disclosure under the State of Indiana's Access to Public Records Act (IC 5- 14 -3 -1 et seq.) provided, however, that if the Applicant indicates that certain financial documentation is submitted in confidence, by specifically and clearly marking and identifying said documentation as CONFIDENTIAL, the Commission will endeavor to keep said documentation confidential to the extent permitted by law. Applicant further agrees to execute a contract for the purchase or lease of property for development in the form prepared by the Department within thirty (30) days after notification of acceptance of this offer and to develop and use the above identified Property in conformity with the Federal, State and Local ordinances and regulations governing same; applicable Development Plan; the Narrative Description and maps and plans as submitted by Applicant, with amendments, if any, as approved by the Commission. .Applicant understands and acknowledges that the Commission expressly reserves the right to reject any and all Bids and to waive any informalities, irregularities or technical defects if such are deemed, in the Commission's sole opinion, to be immaterial. 2