HomeMy WebLinkAbout5.B.2. Dev. Agreement (Aff. HM IN - Intend IN)_signed("AMI"), (ii) at least 17 homes will be sold to households earning between 80 percent (80%) of
AMI and 120 percent (120%) of AMI, and (iii) the remainder will be sold at the market rate; and
WHEREAS, the Project will contribute to the revitalization of the surrounding area and add vibrancy to the neighborhood; and
WHEREAS, the Commission believes that accomplishing the Project as described herein
is in the best interests of the health, safety, and welfare of the City and its residents; and
WHEREAS, the Commission desires to facilitate and assist the Project by undertaking to
simultaneously reimburse the City for its costs incurred or to be incurred in providing draws on a
loan pursuant to a certain loan agreement (the "Loan Agreement") that the parties anticipate the
Developer and the City executing pursuant to Indiana Code 3 6-7-12 to fund in part certain local
public improvements stated in Exhibit C (the "Local Public Improvements") in accordance with
the Act, subject to the terms and conditions of this Agreement and the Loan Agreement.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in
this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows:
SECTION 1. DEFINITIONS.
Unless otherwise defined in this Agreement, capitalized terms used in this Agreement have the following meanings:
1.1 Assessed Value. "Assessed Value" means the market value-in-use of a property, used for property tax assessment purposes as determined by the St. Joseph County Assessor.
1.2 Funding Amount. "Funding Amount" means an amount not to exceed Five Million
Dollars ($5,000,000.00) consisting of tax increment finance revenues to be provided to the City
by the Commission subject to annual appropriation by the Commission to simultaneously
reimburse the City for its costs incurred, or to be incurred through the Loan Agreement that will be subsequently executed by the Parties, to make the Loan on a draw basis pursuant to the terms of the Loan Agreement which will be used for paying a portion of the costs associated with the construction, equipping, inspection, and delivery of the Local Public Improvements.
1.3 Private Investment. "Private Investment" means an amount no less than Twenty
Million Dollars ($20,000,000.00) to be expended by the Developer for the costs associated with
constructing the improvements set forth in the Project Plan, including architectural, engineering,
and any other costs directly related to completion of the Project that are expected to contribute to
increases in the Assessed Value of the Developer Property.
SECTION 2. INTERPRETATION, TERMS, AND RECITALS.
2.1 Interpretation.
(a)The terms "herein," "hereto," "hereunder," and all terms of similar import
shall be deemed to refer to this Agreement as a whole rather than to any Article of, Section
of, or Exhibit to this Agreement.
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