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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{i} Except for the City of Decatur, restrict use of the premises for a period of not less than 10 years to use by a nat-for-profit corporation to provide a rnultipurpose agency to include a not-for-profit commercial kitchen for federally qualified senior nutritian programs, community services assisting low-income individuals warking tawards farnily stability, youth and senior services and associated uses, all of which serve at least S 1% low-ta- maderate incame residents as defined by the U.S. Department of Housing and Urban Development, or with the prior written consent af the City, those uses, including but not lirnited to social services and residential or institutianal uses,that are consistent with the national CDBG objectives, which a reement sha11 nat be unreasanablv withheld. (ii) Allow Seller ar its designee far ihe period of the use restriction to monitor cornpliance with the use of the Premises requirement, as rnay be required by the U.S. Department of Housing and Urban Development and allowed under federal 1aw;and (iii) Substantially camplete construction of said structure within two(2) years af the date of closing(subject to force majeure delays); and (iv) Transfer ownership from Buyer back to the City of Decatur in the event Buyer fails to substantially complete canstruction of the structure within two(2)years of the date of closing. (D) Buyer shall record a Mernorandum of Agreement of this contract in substantiaily the same form as Exhibit C attached hereto. 6. Substantial Completion. Substantial campletian shall mean camplete construction of the shell and core, with finished interiors of comrnon areas. Substantial campletion shall be evidenced by issuance of a certificate of accupancy under applicable cades of the City of Decatur, excluding minor and ancillary alterations, or additional wark. 7. Use Restriction. The requirements:(a)that a structure be constructed and operated by a not-for-profit corporation providing a multipurpose agency to include a not-for-prafit commercial kitchen for federally qualified senior nutrition programs,community services assisting 1ow-income individuals working towards family stability,youth and senior services and associated uses, all of which serve at least 51% low-to-moderate income residents as defined by the U.S. 6