R2019-24 Resolution Authorizing Real Estate Contract For Property Located In The 200-300 Blocks of East Orchard Street, The 200-300 Blocks of East Marietta Street And The 1000 Block of North Warren Street In The Wabash Crossing Redevelopment Area

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Cantract. If Buyer defaults and fails to cure,Buyer shall be respansible for and pay any and all costs associated with the transfer, including real estate taxes due and unpaid from the date of clasing to the date the deed from Buyer to the City of Decatur is recarded,which taxes sha11 be camputed using the most recent property tax bill for the Premises, and all costs associated with rernediating any changes or improvernents made to premises by Buyer, its successors and assigns, as deemed necessary in the sole discretion of the Seller. {$)The Premises shall, far a period of not ]ess than ten(I4}years from the date of closing,be used exclusively by a multipurpase agency ta include a not-for- prafit commercial kitchen for federally qualified senior nutrition programs, cammunity services assisting 1ow-incame individuals warkin�;tawards family stability, yauth and senior services and associated uses, all of which serve at least 51%low-to-rnaderate incarne residents as defined by the U.S. Department af Housing and Urban Develapment, or with the prior written consent of the City,those uses, including but not limited to socia�services and residential or institutional uses, that are consistent with the national CDBG abjectives.,which agreernent shall not be unreasonabl,�,withheld.Buyer shall allow Seller or its designee adequate access at reasonable hours and upon reasanable notice, to allow Se11er to monitor compliance with the use requirements.These requirements sha�l survive the closing,and shall be specifically enforceable by Seller for a periad of not less than ten(10)years fallowing the date af closing. (9}In canjunction with the development af the Premises, Se11er sha11 agree to vacate the right ofway along East Orchard St.between North Warren Street and Narth Water Street as described in Exhibit A attached hereto. Seller shall also agree to rezone the properties as legally described in Exhibits A and B attached hereto to facilitate develapment as defined in section 3 {A}(I}of this agreement. 4.Buyer represents that it is adequately informed as to the state of title to the Premises,and that it has had adequate opportunity, at its sole expense and option,to abtain such title reports and surveys regarding the Premises as Buyer may choose. Buyer may,at its expense and aption, abtain such title reports and surveys as ta the Premises as Buyer may desire. Buyer shall advise Seller in writing within 30 days after the effective date of this agreement concerning any defect in the 4