east liberty station: realizing the potential - City of Pittsburgh

“Construction Agreements” means, collectively, any existing or future public
improvemetn agreements or similar construction agreements by and between the private
developer and any third party or parties for construction or installation in connection with the
insert name Public Improvements.
“Construction Fund” means the fund of that name held by the Trustee under the Indenture
and available to pay, or reimburse, the private developer for the payment of insert name Public
Improvements costs incurred in constructing the insert name Public Improvements upon
requisition as provided in the Indenture.
“Debt Service Reserve Fund” shall have the meaning given to such term in the Indenture.
“Draw Request” shall have the meaning assigned to that term in the Indenture.
“Independent Inspector” means any engineering or construction management firm or
firms retained by the private developer with the consent of elTRIDRA pursuant to a Construction
Agreement, who will provide the certifications required hereby.
“Land” means those certain parcels of land owned by insert owner described on Exhibit
A to this Development Agreement.
“Payment Request” means a requisition requesting the payment of costs of the insert
name Public Improvements from moneys held in the Construction Fund, which shall be in the
form required by the Indenture, a copy of which is attached hereto as Exhibit B.
“Pledged Revenues” means (a) the TRID Revenues pledged pursuant to the Cooperation
Agreement, (b) all income, interest and profits received from the investment of moneys held in
any Fund established under the Indenture (except for moneys held in the Rebate Fund under
Section 5.08) and (c) all moneys paid by insert name of additional security or credit
enhancement pursuant to insert abbreviation.
“Surplus Fund” shall have the meaning given to such term in the Indenture.
2. Representations and Warranties. Each of the private developer and elTRIDRA
represents and warrants to the other and for the benefit of the Trustee that: (a) it is duly and
validly created under the laws of the Commonwealth of Pennsylvania; (b) it has corporate power
and lawful authority to enter into this Development Agreement and to perform its obligations
hereunder; (c) this Development Agreement has been duly and validly executed and delivered
and constitutes its enforceable obligation; and (d) the execution and delivery hereof of this
Development Agreement by it does not violate or constitute an event, which with notice or lapse
of time or both, would constitute a default or event of default under any law, regulation, decree,
order or agreement by which it is bound or to which its properties are subject.
3. Pledge of Pledged Revenues and Compliance with TIF Obligations. In
consideration of the obligations of elTRIDRA hereunder and of the benefits to the private
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