R2019-73 Resolution Amending the 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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Contract.IfBuyer defaults and fails to cure,Buyer shall be responsible for and pay any and all costs associated with the transfer, including real estate taxes due and unpaid from the date of closing to the date the deed from Buyer to the City of Decatur is recorded,which taxes shall be computed using the most recent property tax bill for the Premises, and ali costs associated with remediating any changes or improvements made to premises by Buyer, its successors and assigns,as deemed necessary in the sole discretion of the Seller. (8)The Premises shall,for a period of not less than ten(l 0)years from the date of closing,be used�exclusively by a multipurpose agency to iaclude a not-for- profit commercial kitchen for federally quali�ed senior nutrition programs, community services assisting low-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.Department of Housing and Urban Development, or with the prior written consent of the City,those uses,including but not limited to social services and residential or institutional uses, that are consistent with the national CDBG objectives.,which agreement shall not be unreasonablYwithheld.Buyer shall altow Seller or its designee adequate access at reasonable hours and upon reasonable notice,to allaw Seller to monitor compliance , with the use requirements.These requirements shall survive the closing,and shall be speci�cally enforceable by Seller for a period of not less than ten(l U)years following the date of closing. � (9)In conjunction with the development ofthe Premises,Seller shall agree to vacate the right af way along East Orchard St.between North Warren Street and North Water Street as described in Exhibit A attached hereto.Seller shall also agree to rezone the prvperties as legally described in Exhibits A and B attached hereto to facilitate development as defined in section 3(A)(1)ofthis agreement. 4.Buyer represents that it is adequately informed as to the state oftitle to the Premises,and that it has had adequate opportunity,at its sole expense and option,to obtain such title reports and surveys regarding the Premises as Buyer may choose.Buyer may,at its expense and option,obtain such title reports and surveys as to the Premises as Buyer may desire.Buyer shalt advise Seller in writing within 30 days after the effective date of this agreement concerning any defect in the 4