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001"' <br />THIS AGREEMENT is made and entered into as of the 151" day of May, 1998 by and <br />between CITY OF NORTH OLMSTED, OHIO (the "City"), a municipal corpora.tion and <br />political subdivision of the State of Ohio, and DLJKE REALTY LIMITED PARTNERSHIl', an <br />Indiana limited parhiership ("Duke"), of which Duke Realty Investments, Inc., an Indiana <br />corporation, is the general partner. <br />A. Pursuant to Ordinance No. 91-175 (the "Authorizing Legislation"), adopted by the <br />council of the City February 18, 1992, the City has established the "North Olmsted Community <br />Reinvestment Area" (the "CRA"), a community reinvestment area within the meaning of Ohio <br />Revised Code ("ORC") Sections 3735.65 thrQugh 3735.70, inclusive (the "Act") for the purpose <br />of promoting the maintenance and construction of structures within the CR.A in order to <br />encourage economic stability, maintain real property values and generate new employment <br />opportunities within the City. <br />B. Duke has submitted an Application dated March 23, 1998, as supplemented by an <br />Economic Impact Matrix dated April 10, 1998 and modified May 12, 1998, a copy of which <br />(collectively the "Application") is atta,ched hereto as F;achibit A and incorpora.ted herein by <br />reference, wherein Duke has described its intention to construct a facility (the "Project") at the <br />location designated in the Application (the "Project Site"), a description of which is attached <br />hereto as Fxbi$it.B. and incorporated herein by reference. <br />C. In the letter transmitting the Application, Duke has requested the exemption from <br />real property taxation of the Project for a period of fifteen (15) years commencing with the year <br />following the calendar year in which the Application is delivered and certified to the County <br />Auditor of the County of Cuyahoga, Ohio (the "County Auditor"). <br />'k <br />D. Pursuant to ORC Section 5709.83, the City has notified the boazd of education of <br />the school district in which the Project Site is located of Duke's request for tax exemption. <br />E. The City's Tax Incentive Review/Housing Council has considered the Application <br />and has recommended to the Mayor of the City (the "Mayor") that sixty-eight percent (68%) of <br />the value of the Project be exempted from real property taxes for a period of ten (10) years. <br />F. Duke is prepared to accept the exemption recommended by such council. <br />G. The City and Duke desire to set forth the conditions under which the Mayor shall <br />direct the Housing Officer (as defined in the Authorizing Legislation) to submit the Application <br />to the County Auditor. <br />.?.??..,, ..