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<br />3 <br /> <br />1.5 Private Investment. “Private Investment” means an amount no less than Eleven <br />Million Dollars ($11,000,000.00) to be expended by the Developer for the costs associated with <br />constructing the improvements set forth in the Project Plan, including architectural, engineering, <br />and any other costs directly related to completion of the Project that are expected to contribute to <br />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. <br />(a) Upon execution of this Agreement, the Developer will grant to the <br />Commission a temporary, non-exclusive easement on, in, over, under and across any part(s) <br />of the property described in Exhibit A in the form attached hereto as Exhibit F, to permit <br />the Commission to fulfill its obligations under this Agreement, including the construction, <br />equipping, inspection, and delivery of the Local Public Improvements. <br />(b) Upon assuming ownership of the property described in Exhibit B, the <br />Developer will grant to the Commission a temporary, non-exclusive easement on, in, over, <br />under and across any part(s) of the property described in Exhibit B in the form attached <br />hereto as Exhibit G, to permit the Commission to fulfill its obligations under this <br />Agreement, including the construction, equipping, inspection, and delivery of the Local <br />Public Improvements.