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3 <br />1.3 Funding Amount. “Funding Amount” means an amount not to exceed Three <br />Hundred Thousand Dollars ($300,000.00) of tax increment finance revenues to be used for paying <br />the costs associated with the construction, equipping, inspection, and delivery of the Local Public <br />Improvements. <br />1.4 Private Investment. “Private Investment” means an amount no less than Seven <br />Hundred Forty-Five Thousand Dollars ($745,000.00) to be expended by the Developers for the <br />costs associated with constructing the improvements set forth in the Project Plan, including <br />architectural, engineering, and any other costs directly related to completion of the Project that are <br />expected to contribute to increases in the Assessed Value of the Developer Property. <br />SECTION 2. INTERPRETATION, TERMS, AND RECITALS. <br />2.1 Interpretation. <br />(a)The terms “herein,” “hereto,” “hereunder,” and all terms of similar import <br />shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section <br />of, or Exhibit to this Agreement. <br />(b)Unless otherwise specified, references in this Agreement to (i) “Section” or <br />“Article” shall be deemed to refer to the Section or Article of this Agreement bearing the <br />number so specified, (ii) “Exhibit” shall be deemed to refer to the Exhibit of this Agreement <br />bearing the letter or number so specified, and (iii) references to this “Agreement” shall <br />mean this Agreement and any exhibits and attachments hereto. <br />(c)Captions used for or in Sections, Articles, and Exhibits of this Agreement <br />are for convenience of reference only and shall not affect the construction of this <br />Agreement. <br />(d)The terms “include,” “including,” and “such as” shall each be construed as <br />if followed by the phrase “without being limited to.” <br />2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this <br />Agreement for all purposes. <br />SECTION 3. ACCESS. <br />3.1 Grant of Easement. The Developers will grant to the Commission a temporary, <br />non-exclusive easement on, in, over, under and across any part(s) of the Developer Property (the <br />“Easement”) in the form attached hereto as Exhibit E, to permit the Commission to fulfill its <br />obligations under this Agreement, including the construction, equipping, inspection, and delivery <br />of the Local Public Improvements. The Easement shall (a) inure to the benefit of the Commission <br />and the Board of Works or any contractors acting on behalf of the Commission in connection with <br />the construction, equipping, inspection, and delivery of the Local Public Improvements; (b) shall <br />bind the Developers and their grantees, successors, and assigns; and (c) shall terminate no later <br />than upon completion of the Local Public Improvements, as determined by the Board of Works.