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incorporated herein by this reference) and as previously approved by the City Council for <br />the City (a copy of the City program as approved is attached hereto as Exhibit 2-B and <br />incorporated herein by this reference). The aforementioned County and City programs <br />are hereinat'cer collectively referred to as the "Programs"; <br /> <br /> (b) Authority. The City and the County hereby affirm (each as to their <br />respective authoriD') that (i) the City Council for the City and the Board of County <br />Commissioners of the County have authorized and approved the application of the <br />respective Programs to the Project and have authorized the Grants and the other terms of <br />this Agreement; (ii) this Agreement constitutes the "formal agreement" required under <br />the Programs of the City and the County; (iii) the terms of this Agreement and those <br />contained in the attached description of the Programs (Exhibits 2-A and 2-B) shall govern <br />the application of the Programs to the Project and the Property subject to the terms and <br />conditions of that certain Memoranda of Understanding each of which is attached hereto <br />as Exhibit 3 and made a part hereof(collectively "MOU"). <br /> <br /> (c) SuppIemental Grant. Within the scope of negotiations leading up to this <br />Agreement, discussions have occurred between the City and the Developer concerning <br />certain supplemental incentive grants from the City, as authorized by law, that are outside <br />the Programs. This Agreement does not bind either party to such supplemental incentive <br />grants. Such supplemental incentive grants will be provided in a Supplemental Incentive <br />Grant Agreement between the City and the Developer which will be authorized and <br />executed in accordance with all applicable laws separately and subsequent to this <br />Agreement. When executed, said Supplemental Incentive Grant Agreement shall <br />constitute part of the "Business Agreement" referred to in the MOU along with this <br />Agreement. <br /> <br />Filenarne - SX.PlanningXlneentive Grant Agreement.doc <br /> <br />-3- <br /> <br />Revised 12/15/98 <br /> <br /> <br />