04-07-2025 JDA Agenda Packet - Laserfiche WebLink

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C-1 TW185\1\1011577.v13 EXHIBIT C TO DEVELOPMENT AGREEMENT Sustainability Compliance Measures JDA SUSTAINABILITY COMPLIANCE MEASURES LOT 1, BLOCK 1 2.0.1 Sustainability Credit. Developer shall install the mechanical system that will reduce carbon emissions from the commercial building (the “Building”) to be constructed on the Subject Property, which mechanical system will include certain Core Sustainability Elements (as defined below) (the “System”). The System will be more particularly described in the Plans. Based upon early and preliminary estimates only, Developer currently estimates that the System as finally installed will cost approximately $9,316,947.28. To assist in the cost of the Core Sustainability Elements, the County has agreed to reduce the Purchase Price of the Subject Property by up to $3,516,947.28 (the “Maximum Sustainability Credit”). Therefore, together, Developer and the County will be contributing to the cost of the System. A standard mechanical system for the Building (without the Core Sustainability Elements) would cost approximately $5,800,000.00 (“Minimum Investment”). Developer commits to expending the Minimum Investment. At Closing, Developer and the County have agreed that the cost of the System will be determined in good faith by Developer on an open-book basis prior to November 1, 2025 (“System Cost”). Promptly following November 1, 2025, the parties shall compute the difference between the System Cost and the Minimum Investment (“Sustainability Credit”). In the event the Sustainability Credit exceeds the Maximum Sustainability Credit the cost of such overage shall be paid for by Developer. If the Sustainability Credit is less than the Maximum Sustainability Credit then at the County’s election, all or part of such difference may be refunded to County or contributed toward further sustainability measures.