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restrooms, and an observation area (the "Project") adjacent to the Stadium which Project will have an estimated total facility cost of $ and have a total square footage of approximately square feet; and WHEREAS, the Project will serve to improve the operations of the Team and will, subject to the priority access of the Team, be open to the public at reasonable hours for commercially reasonable fees; and WHEREAS, the Company desires to complete the Project in advance of the 2015 baseball season which will require the initiation of construction of the Project on or about October 1, 2014 ; and WHEREAS, the Company desires to locate the Project on property located adjacent to the stadium as depicted at Exhibit A attached hereto and made a part hereof which property is presently owned by the Park Department (the "Project Parcel"); and WHEREAS, the Commission has previously adopted a development plan(the"Plan") for the redevelopment area in which the Project would be located and the Commission believes that completion of the Project as described herein is in the best interests of the City and its residents and complies with the public purposes and provisions of the Act and advances the development of such redevelopment area consistent with the Plan; and WHEREAS, the Project Parcel is currently part of a larger parcel of property depicted at Exhibit B attached hereto and made a part hereof which is also owned by Park Board (the "Park Parcel"); and WHEREAS, Company desires to acquire the Project Parcel for the purpose of locating the Project on such property; and WHEREAS, the Park Board, the Commission and the Board of Works desire to facilitate and provide for the completion of the Project on the Project Parcel by the Company and to formalize their agreement as to use of the properties being utilized for parking by the Company subject to the terms and conditions contained herein; and WHEREAS, the Parties each understand and agree that certain actions contemplated by this Agreement are required to be undertaken by persons, agencies or entities that are not party to this Agreement and that any action by such third parties shall require independent approval by the respective person, agency, entity or governing body thereof; and WHEREAS, the Parties hereto have determined to enter into this Agreement in order to formalize their understanding of each Party's related rights and obligations described herein; NOW,THEREFORE, in consideration of the mutual promises and obligations set forth in this Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: -2 - US.54748561.02