Redevelopment Commission Agenda & Packet 01.09.25

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6 (b) Unless otherwise specified, references in this Agreement to (i) “Section” or “Article” shall be deemed to refer to the Section or Article of this Agreement bearing the number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement bearing the letter or number so specified, and (iii) references to this “Agreement” shall mean this Agreement and any exhibits and attachments hereto. (c) Captions used for or in Sections, Articles, and Exhibits of this Agreement are for convenience of reference only and shall not affect the construction of this Agreement. (d) The terms “include,” “including,” and “such as” shall each be construed as if followed by the phrase “without being limited to.” 2.02 Recitals Part of Agreement. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 2.01 2.03 Exhibits Part of Agreement. All exhibits described herein and attached hereto are incorporated into this Agreement by reference. ARTICLE III. MUTUAL ASSISTANCE 3.01 Mutual Assistance. The parties agree, subject to further proceedings required by law, to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications (and, in the case of the City Bodies, the adoption of such ordinances and resolutions), as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. ARTICLE IV. DEVELOPMENT AND PROJECT 4.01 Project. In connection with the completion of Project, the Company shall invest not less than $61,500,000 and reasonably expects the Project to result in the creation of approximately six (6) full-time jobs with annual salaries ranging from approximately $39,400 to $70,100, by not later than December 31, 2028, and approximately 225 temporary construction - related jobs during the construction of the Project having an average hourly rate of $65.00. 4.02 Project Site. The Company has acquired, or shall cause to be acquired, and shall improve the Project Site depicted in Exhibit B attached hereto, subject to the performance by the City Bodies of their respective obligations under this Agreement, by constructing the Project on such Project Site, as more particularly described in Section 4.03 hereof. 4.03 Project Description and Project; Approval of Plans. The Project shall consist of the items and/or parameters set forth in Exhibit A attached hereto. The Company shall commence construction of the Project by no later than sixty (60) days following the successful procurement of all permits and other governmental approvals and the satisfaction or waiver of the conditions set forth in Section 6.01 and shall complete construction and equipping of the Project by December 31, 2028, subject to permitted delays provided for in Section 4.04 hereof. In addition to the City’s