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2 <br />WHEREAS, Cultivating Life is a member of the National Association of Free and <br />Charitable Clinics, an organization whose mission is building healthy communities for all through <br />quality, equitable, and accessible health care; and <br />WHEREAS, the Developers are committed to eliminating the stigma associated with <br />needing and accessing mental health services and to removing barriers to all vital health care <br />services, and partner with other health care providers to provide medically underserved <br />populations in and around the City access to health care services such as prenatal and postnatal <br />care, medications, and more; and <br />WHEREAS, the Developers desire to expand the provision of services at the Developer <br />Property, and the installation of an elevator would enable the Developers to expand access to <br />additional charitable health care services for members of the community; and <br />WHEREAS, the Developers currently have private financing and desire to complete <br />additional improvements to the Developer Propety, which includes the construction, renovation, <br />or other rehabilitation of certain elements of the Developer Property (the “Project”) in accordance <br />with the project plan (the “Project Plan”) attached hereto as Exhibit C; and <br />WHEREAS, the Developer Property is located within the corporate boundaries of the City <br />within the South Side Development Area (the “Area”); and <br />WHEREAS, the Commission has adopted (and subsequently amended, from time to time) <br />a development plan, which contemplates development of the Area consistent with the Project; and <br />WHEREAS, the Commission believes that accomplishing the Project as described herein <br />is in the best interests of the health, safety, and welfare of the City and its residents; and <br />WHEREAS, the Commission desires to facilitate and assist the Project by undertaking the <br />local public improvements stated in Exhibit D (the “Local Public Improvements”) and the <br />financing thereof, subject to the terms and conditions of this Agreement and in accordance with <br />the Act. <br />NOW, THEREFORE, in consideration of the mutual promises and obligations stated in <br />this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: <br />SECTION 1. DEFINITIONS. <br />Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have <br />the following meanings: <br />1.1 Assessed Value. “Assessed Value” means the market value-in-use of a property, <br />used for property tax assessment purposes as determined by the St. Joseph County Assessor. <br />1.2 Board of Works. “Board of Works” means the Board of Public Works of the City, <br />a public body granted the power to award contracts for public works pursuant to I.C. 36-1-12.