6B(3) Dev Agr LaSalle Hotel - Laserfiche WebLink

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I t design, permitting, waiver and related regulatory processes; provided, however, the Commission 'i shall not be required to expend any money in connection therewith. The Commission further agrees to permit Developer or its agents access to the LaSalle Property through the use of the public roads surrounding the LaSalle Property necessary to accomplish the actions contemplated by this Agreement. 5.5 Tax Abatement. Upon request of Developer and at the earliest opportunity legally permissible and upon timely receipt of the appropriate documentation, Commission agrees to recommend approval of and support the designation of the LaSalle Property as both an Economic Development Target Area and Economic Revitalization Area (under Ind. Code § 6-1.1-12.1-1 et seq.)for purposes of real property tax abatement for the Project. 5.6 Costs and Expenses. The Commission hereby agrees to bear its own costs and expenses related to this Agreement (including legal fees) not directly related to the design and construction of the Local Public Improvements(such costs to be paid from the Funding Amount). 5.7 Zoning, Variance, Special Permits, Etc. The Commission hereby agrees to continue to assist Developer in its efforts to seek zoning, variance, design, sign, health, safety, construction and other necessary permits, consents and/or approvals to complete the Project (to the extent they have not yet been obtained and completed), including the construction of covered parking (according to plans which shall be submitted to the Commission for prior approval as set forth herein), on a portion of the Project Site, including the Support Parcel, to serve the LaSalle Property. 5.8 Information. The Commission hereby agrees to provide any and all due diligence items with respect to the Project reasonably requested by the Developer. 5.9 Public Announcements, Press Releases and Marketing Materials. The Commission hereby agrees to coordinate all public announcements and press releases relating to the Project with Developer. SECTION 6. ADDITIONAL DOCUMENTS AND AGREEMENTS. 6.1 Construction Management Agreement. Following the Effective Date, the Commission shall enter into a construction management agreement in the form attached hereto and incorporated herein as Exhibit I+' (or in such other form as mutually agreed) with Developer and the Board of Works whereby the Commission and the Board of Works shall designate and appoint Developer as construction manager and agent to act on behalf of the Commission in connection with the construction of the Local Public Improvements (the "Construction Management Agreement"). Pursuant to the Construction Management Agreement, Developer shall be responsible for and/or enabled to (a) preparing the plans and specifications for the Local Public Improvements, (b) preparing all necessary bid documents and legal advertisements, scheduling and participating in any pre-bid meetings with potential bidders, reviewing bids and making recommendations with regard to the award of bids, (c) supervising and monitoring the construction of the Local Public Improvements, including establishing the timing, sequence and phasing of construction of the Local Public Improvements, (d) recommending and processing change orders, and (e) reviewing all payment requests submitted by contractors and vendors and 3 -dms"s.52637413.08 j