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1 <br /> I <br /> WHEREAS, the Parties agree that it is of mutual benefit for the Parties to enter into this <br /> Agreement relating to the Project, the Local Public Improvements and certain other matters <br /> described herein that will include the commitments of each Party with respect thereto; and <br /> NOW, THEREFORE, in consideration of the mutual promises and obligations in this <br /> Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as <br /> follows: <br /> SECTION 1. DEFINITIONS. <br /> Defined terms are indicated by initial capital letters. Defined terms shall have the meaning <br /> set forth herein, whether or not such terms are used before or after the definitions are set forth. <br /> The following terms are more specifically defined below: <br /> 1.1 Assessed Value. Assessed Value means the market value-in-use of a property, <br /> used for property tax assessment purposes as determined by the St. Joseph County Assessor. <br /> 1.2 Board of Works. Board of Works means the Board of Public Works of the City, <br /> a public body granted the power to award contracts for public works pursuant to IC 36-1-12. <br /> 1.3 Construction Management Agreement. Construction Management Agreement <br /> a <br /> refers to the agreement described in Section 6.1 of this Agreement. <br /> 1.4 Easement. Easement means the grant of easement by Developer to Commission <br /> Ipursuant to Section 3.5 hereof. <br /> 1.5 Funding Amount. Funding Amount shall mean an amount not to exceed <br /> $1,800,000 of tax increment finance revenues to be used for paying the costs to construct the Local <br /> Public Improvements, including payment of a construction management fee pursuant to the <br /> Construction Management Agreement relating to the construction of the Local Public <br /> 'J Improvements. <br /> 1 <br /> 1.6 LaSalle Property. The LaSalle Property means the property more particularly <br /> described in Exhibit A-1, together with all improvements thereon and all easements, rights, <br /> 1 licenses and other interests appurtenant thereto. <br /> I 1.7 Local Public Improvements. Local Public Improvements means the local public <br /> i improvements in support of the Project in the Area, including: roof, waste chute, exterior,facade, <br /> elevator and site work and related improvements, each of which shall be completed as described <br /> in this Agreement, all as more particularly described on Exhibit C. <br /> 1.8 Parking Lot. Parking Lot means the property more particularly described in <br /> Exhibit A-2. <br /> 1.9 Private Investment. Private Investment means the sum of the construction and i, <br /> improvement costs associated with the Project, including architectural, engineering and any other <br /> costs directly related to construction of the Project that are expected to contribute to increases in <br /> I <br /> 1 dms.us.52637413.08 2 <br /> 1 <br />