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Exhibit C
<br />“Concept Site Plan” means the site development plan attached as hereto and
<br />incorporated herein by reference, depicting the conceptual program for construction of the Work.
<br />“Construction Plans” means plans, drawings, specifications and related documents, and
<br />construction schedules for the construction of the Work, together with all supplements, amendments or
<br />corrections, submitted by the Developer and approved by the City in accordance with the City’s code and
<br />this Agreement.
<br />“Developer” means Metropolitan Development-Kingsland Walk, LLC, a Missouri limited
<br />liability company, and its permitted successors or assigns in interest.
<br /> “EATS Account” means an account of the Special Allocation Fund into which 50% of the
<br />Economic Activity Taxes are deposited pursuant to Section 99.845 of the TIF Act.
<br /> “Economic Activity Taxes” shall have the meaning ascribed to such term in Section 99.805 of the
<br />TIF Act.
<br />“Final Certified Amount” means an amount, certified by the City after the City verifies the actual
<br />Section 4.1.4
<br />Project Costs submitted pursuant to , calculated as follows: (1) with respect to RPA-1, if the
<br />verified actual Project Costs are equal to or greater than $15,500,000, then the Final Certified Amount
<br />will equal the Maximum Reimbursement Amount, but if the verified actual Project Costs are less than
<br />$15,500,000, the Final Certified Amount will equal the Maximum Reimbursement Amount less $1 for
<br />every $2 that the verified actual Project Costs are less than $15,500,000; and (2) with respect to RPA-2, if
<br />the verified actual Project Costs are equal to or greater than $15,500,000, then the Final Certified Amount
<br />will equal the Maximum Reimbursement Amount, but if the verified actual Project Costs are less than
<br />$15,500,000, the Final Certified Amount will equal the Maximum Reimbursement Amount less $1 for
<br />every $2 that the verified actual Project Costs are less than $15,500,000.
<br /> “Governmental Approvals” means all re-zoning or other zoning changes, site plan approvals,
<br />conditional use permits, variances, building permits, architectural review or other subdivision, zoning or
<br />similar approvals required for the implementation of the Redevelopment Project.
<br /> “Inspector” means the Building Commissioner of the City or such other individual as may be
<br />designated to carry out the duties of the Inspector as prescribed herein.
<br /> “Issuance Costs” means all costs reasonably incurred by the City in furtherance of the issuance
<br />of TIF Obligations including but not limited to the fees and expenses of financial advisors and
<br />consultants, the City’s attorneys (including City’s counsel, special TIF counsel and Bond Counsel), the
<br />City’s administrative fees and expenses (including planning consultants), underwriters’ discounts and
<br />fees, the costs of printing any TIF Obligations and any official statements relating thereto, the costs of
<br />credit enhancement, if any, capitalized interest, debt service reserves and the fees of any rating agency
<br />rating any TIF Obligations.
<br />“Maximum Reimbursement Amount” means (1) with respect to RPA-1, $2,500,000 plus Issuance
<br />Costs and (2) with respect to RPA-2, $3,000,000 plus Issuance Costs.
<br />“Note Ordinance” means the ordinance(s) of the City to be adopted by the City Council
<br />necessary to authorize the TIF Notes, any trust indenture relating thereto, and all related ordinances,
<br />resolutions and proceedings.
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