Laserfiche WebLink
6 <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 />2.02 Recitals Part of Agreement. The representations, covenants and recitations set forth <br />in the foregoing recitals are material to this Agreement and are hereby incorporated into and made <br />a part of this Agreement as though they were fully set forth in this Section 2.02. <br />2.03 Exhibits Part of Agreement. All exhibits described herein and attached hereto are <br />incorporated into this Agreement by reference. <br />ARTICLE III. MUTUAL ASSISTANCE <br />3.01 Mutual Assistance. The parties agree, subject to further proceedings required by <br />law, to take such actions, including the execution and delivery of such documents, instruments, <br />petitions and certifications (and, in the case of the City Bodies, the adoption of such ordinances and <br />resolutions subject to Section 7.03 hereof), as may be necessary or appropriate, from time to time, <br />to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in <br />carrying out said terms, provisions and intent. <br />ARTICLE IV. DEVELOPMENT AND PROJECT <br />4.01 Project and Job Creation. In connection with the completion of Project, the <br />Developer shall invest not less than $154,000,000 by not later than the Completion Date, and <br />reasonably expects the Project to result in the creation of approximately 340 temporary <br />construction-related jobs during the construction of the Project having an average hourly rate of <br />$32.64. After completion of the Project, the Developer shall operate the Project and shall use its <br />best efforts to facilitate the creation of at least 400 new permanent full-time positions (for purposes <br />of this Agreement, “full-time” means an average of forty (40) hours per week whether on an hourly <br />or salaried basis) at the Project Site with average annual wages of approximately $100,000. <br />4.02 Project Site. The Developer has acquired, or shall cause to be acquired, and shall <br />improve the Project Site described in Exhibit B attached hereto, subject to the performance by the <br />City Bodies of their respective obligations under this Agreement, by constructing the Project on <br />such Project Site, as more particularly described in Section 4.04 hereof. The Developer shall not, <br />for so long as the Bonds are outstanding, apply for any property tax exemption for the Project or <br />the Project Site or take any other action the result of which would make the Project or the Project <br />Site exempt from property taxation under IC 6-1.1-10-1 et. seq. or any other law. <br />4.03 Utility and Stormwater Infrastructure Planning. The City Bodies and Developer <br />shall jointly undertake solution planning for all permanent utility infrastructure exclusively required <br />for the Project, including without limitation, stormwater management, water, sanitary sewer, <br />electric, natural gas, and telecommunications services, and, if applicable, a future phase of the <br />Project. A “joint undertaking” means that the City Bodies and the Developer will collaborate in <br />good faith to identify needs, evaluate alternatives, develop mutually acceptable plans, and <br />coordinate design and permitting related to such utility infrastructure, it being understood that the <br />City Bodies will not incur any costs related to such utility infrastructure except for the stormwater <br />management improvements to be undertaken by the City. The Parties acknowledge that additional <br />utility infrastructure costs may arise in the course of planning and construction of the Project or a