R2014-04 AUTHORIZING CITY OF DECATUR / HARRISON MANAGEMENT GROUP LLC REDEVELOPMENT AGREEMENT

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M t- y ARTICLE V: CONDITIONS PRECEDENT TO CITY OBLIGATIONS AND ONGOING c BENEFITS 1 5.1 Conditions Precedent to Transaction. The City's obligations under this Agreement W7 (including, without limitation, the obligation for Public Investment) shall, for each phase M of the Project, be subject to: (a) Insurance. Proof that the policies of insurance of the types and coverages pspecified in Section 2.13 hereof have been obtained and are in force with regard 0 to that phase. (b) Plans. Approval of the Plans and construction plans for the pursuant to Article II hereof. (c) Construction Contracts. Executed construction Contracts covering the construction of the Project. (d) Declaration of Covenants, Uses and Restrictions. Declarations of Covenants, Uses and Restrictions in the form attached hereto as Exhibit 3 executed by the Redeveloper covering that phase of the Project and that Portion of the Project Site related to that phase. (e) Project Financing. Evidence of equity and/or debt financing for the Project in an amount sufficient to complete the Project. (f) Approvals. A certificate by an authorized officer of the Redeveloper that all of the approvals necessary to proceed with the Project as intended herein have been obtained including the approval of this Agreement. ARTICLE VI: OPERATION OF THE PROJECT 6.1 Operation and Maintenance of the Project. The Redeveloper for itself and its successors and assigns to the extent it retains ownership covenants that it will maintain the Project in good condition (reasonable wear and tear excepted) during the term of this Agreement. The Redeveloper shall operate the Project in a professional manner and will do all things reasonably necessary to operate the Project in substantial compliance with Applicable Law. ARTICLE VII: REDEVELOPER COVENANTS AND RESTRICTIONS 7.1 Project Subject to Redevelopment Agreement. The Redeveloper agrees to comply with the terms and conditions of this Agreement and to use its best efforts to construct the Project subject to the terms, covenants, building and use restrictions, and other conditions in this Agreement. 7.2 Non-discrimination. The Redeveloper shall not discriminate in violation of any applicable federal, state or local laws or regulations upon the basis of race, color, religion, sex, age, or national origin or other applicable factors in the sale, lease or rental, or in the use or occupancy of the Project or any part thereof. City of Decatur/Harrison Management Group LLC Redevelopment Agreement 10