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2007-07-11 CC
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2007-07-11 CC
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<br />------ ---- -- --- ---- --- ~--- -~-----~~--------- <br /> <br />Inc. and adopted by the City Council of the City on January 11, 2006, as modified in size and <br />amount of product by the. conceptual master plan shown on Schedule A-2. <br /> <br />"Minimum Improvements" means the improvements to be constructed on the <br />Development Property for each applicable Phase or Sub-Phase. The parties' current <br />understanding as to what will constitute the Minimum Improvements, and the Phases and Sub- <br />Phases thereof, is generally depicted on Schedule C to this Agreement The Minimum <br />Improvements will be more specifically defined pursuant to Section 3.3(c) and 3.4(c). <br /> <br />"Mortgage" means any mortgage or security agreement in which the Developer has <br />granted a mortgage or other security interest in the Development Property, or any portion or <br />Parcel thereof, or any improvements constructed thereon, and which is a permitted encumbrance. <br /> <br />''Net Proceeds" means any proceeds paid by an insurer to the Developer or the City or the <br />City under a policy or policies of insurance required to be provided and maintained by the <br />Developer and remaining after deducting all expenses (including fees and disbursements of <br />counsel) incurred in the collection of such proceeds. <br /> <br />"Note" or "Notes" means any tax increment revenue note or notes issued by the City as <br />reimbursement to the Developer for Public Development Costs incurred and paid by the <br />Developer for each Sub-Phase, each of which notes shall be substantially in the form of the note <br />attached hereto as Schedule F. <br /> <br />"Parcel" means a portion of the Development Property on which a Phase or Sub-Phase <br />will be constructed. <br /> <br />"Permitted Encumbrances" means the encumbrances described in Schedule B to this <br />Agreement. <br /> <br />"Person" means any individual, corporation, partnership, joint venture, association, joint- <br />stock company, trust, unincorporated organization, or government or any agency or political <br />subdivision thereof. <br /> <br />"Phase" means the development of the Development Property pursuant to this Agreement <br />in the following separate consecutive order: Phase I, Phase II, Phase ill or Phase N. Each Phase <br />will be completed prior to the parties being bound to proceed to any subsequent Phase. <br /> <br />"Phase I" means that portion of the Minimum Improvements currently anticipated to be <br />constructed on Blocks [1, 2, 7, 8 & 9] of the Development Property. It is currently anticipated <br />that Phase I will consist of the construction of the following in four (4) Sub-Phases: (a) fifty- <br />eight (58) for-sale townhomes ("Sub-Phase 1-Bl-2"), (b) forty-one (41) affordable [tax credit] <br />rental units ("Sub-Phase 1-B7"), (c) and approximately fifteen thousand (15,000) square feet of <br />first floor retail space and at least forty-eight (48) multifamily senior housing units ("Sub-Phase <br />1-B8"), and (d) fourteen thousand five hundred (14,500) square feet commercial building ("Sub- <br />Phase 1-B9"). It is currently anticipated that Phase I will be financed according to the sources <br />and uses attached hereto as Schedule E- I. <br /> <br />4 <br />
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