R2005-49 AUTHORIZING DEVELOPMENT AGREEMENT Near North

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1.12.3 Access to Third Party Contractor Agreements. The DHA, the City and their authorized representatives shall have access to and the right to exaxnine,copy,or reproduce all records pertaining to such selection and the Developer shall respond within five(5)business days to any questions raised by the DHA or the City related to the procurement or contracting process. 1.12.4 Rejection of and Termination of Third Party Contractor Agreements. Any and all bids or offers may be rejected when it is in Developer's or the Revitalization's interest to do so. Nothing stated in this Agreement shall be interpreted as to preclude Developer's interest to do so. Upon presentation to Developer of specific evidence supporting such action,the DHA or City (with regards to infrastructure work)shall have the power to require the Developer to terminate any Third Party Contractor upon (1) evidence of a conflict of interest causing the DHA or the City to violate their respective obligations under applicable regulations, DHA's Annual Contributions Contract with HLTD or the Grant Agreement;or(2)reasonable belief that Third Party Contractor will be unable to successfully complete the current contract;or(3)demonstrated poor performance by the Third Party Contractor on any subcontract initiated by the Developer pursuant to this Agreement following an attempt by the Developer to remedy said poor performance. At Developer's election,it may,within five(5)days of DHA's request(or City's request as to infrastructure work)to terminate an agreement, submit to DHA(or City as to infiastructure work)for its approval a plan to cure the deficiency giving rise to that request to terminate. If the Developer is unable to cure such deficiency through the means and timeframe identified in Developer's cure plan,then DHA,after notification to the City,or the City(as to infrastructure work)and after notification to DHA,shall have the power to require the Developer to terminate the subject Third Party Contract. 1.13 Mized-Finance Development. It is agreed that all of Phase II and Phase III of the Revitalization will be developed according to HUD's Muced-Finance Rule and that all or most of the remaining Components will be developed according to HUD's Mixed-Finance Rule. This Rule allows public housing authorities such as DHA to enter into arrangements with private developers such as Developer to own and operate public housing and to transfer HUD public housing operating and capital subsidies to such private developers for purposes related to such public housing. ', Developer and DHA shall be responsible for preparing any submissions to HiJD required under the ' Mixed-Finance Rule, except for those items required to be prepared by a housing authority. ' 1.14 Term. This Agreement shall be effective as of the later of the date of fomial approval I by the City Council of the City of Decahu, the DHA Board or HUD. Upon the Effective Date of this Agreement,a11 other agreements among the Parties shall be superseded by this Agreement with I respect to the subject matter hereof. This Agreement shall expire on the earlier of: (i) the completion of the Revita.lization as described in this Agreement; or (ii) terniination of this Agreement as provided herein. With respect to any particular phase of any Component, this Agreement shall be superseded, as applicable, by the Contract Documents for such Component upon the closing of the financial transaction of that phase except to the extent that any provisions of this Agreement are expressly identified to survive termination. ARTICLE 2. REVITALIZATION RESPONSIBILITIES OF DEVELOPER 2.1 Scope of Revitalization Activities. Except as otherwise provided for herein, Developer shall be responsible for completion of all development activities required for the 8 INDY 1566592v.2