R2005-49 AUTHORIZING DEVELOPMENT AGREEMENT Near North

Home Browse Search

authority over planning, design and, in collaboration with the City, the budget for the Public Infrastructure Improvements, and shall submit such matters to the City for final approval prior to Developer commencing work on said Component. Upon completion of the Public Infrastructure Improvements for each Phase,the Ciry will accept—subject to all of the approvals,procedures and bonding requirements required by the City,including any of the City's agencies or departments—the dedication to the City of certain agreed-upon Public Infiastructure Improvements including,but not limited to, roadways, alleyways, sidewalks, sewerage improvements, utilities, street trees and lighting, and other such improvements contemplated to comprise the Public Infrastructure Improvements in the Pattern Book; provided, however, that all such Public Infrastructure Improvements satisfy all conditions required in connection with the public dedication process and any other dedication requirements of the City, including any of the City's agencies or departments. The City shall have review and approval authority over all plans for infiastruchue work. If acceptable to the City, the City shall approve such plans for infrastructure work that are contemplated to be dedicated to and maintained by the City as such in accordance with the City's policies,as such may be amended from time to time.The City will provide the appropriate personnel to review and approve the scope and specifications of the Infrastructure Improvements,and will be responsible for the continued maintenance and operation of such Public Infrastructure Improvements for which the City accepts dedication,exclusive of any land conveyed to a homeowner as part of the Phase II Homeownership Component or Phase III Homeownership Component. Acceptance of the dedication of the Public Infrastructure Improvements will not constitute a satisfaction of the loan of the Phase II Infrastructure Funds or the Phase III Infrastructure Funds. 3.3 City Site Design Obligations. Portions of the Impact Area are currently part of a Planned Development District("PD")which requires amendment to accomplish the Revitalization. Accordingly,the City has cooperated with Goody Clancy and Massie and Massie to approve a final version of the Pattern Book acceptable to the City. Based on such approved Pattern Book by the City,the Developer will develop a detailed site plan for the Phase II Site and Phase III Site("Final Phase II Site Plan" and "Final Phase III Site Plan") for review and approval by DHA prior to submission to the City for fmal review and approval. The Parties understand and agree that the Preliminary Site Plan(attached hereto as Exhibit K , modifications to said Preliminary Site Plan and/or design concepts represented in the final Pattem Book are intended as general guidance, subject to site limitations and budget constraints acknowledged by all Parties to exist, for the Developer in developing the Final Phase II Site Plan and Final Phase III Plan. After DHA's and the City's approval of the Final Phase II Site Plan and Final Phase III Site Plan,Developer will submit an amendment to the PD to the City for approval by the City,including the applicable City agencies. Consistent with Sections 3.6 and 3.7, the City agrees to undertake all inspections, reviews and approval and permitting proceedings required of it regazding the amendment to the PD within a reasonable time frame following the City's receipt thereof that meets the Revitalization Schedule, and will support Developer's submission of the amendment to the PD;provided,however,that the above-referenced inspections,reviews and approvals yield results acceptable to the City. 3.4 City Phase II Homeownership Component and Phase III Homeownership Component Obligations. Reserved. 19 INDY 1566592v.2