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R2003-66 AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT
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R2003-66 AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT
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1/14/2016 10:05:24 AM
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Resolution/Ordinance
Res Ord Num
R2003-66
Res Ord Title
AUTHORIZING INFRASTRUCTURE FUNDING AGREEMENT NEAR NORTH REDEVELOPMENT PROJECT
Approved Date
5/12/2003
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City has agreed to contnbute $1,311,764 for the Phase II Infrastructure Component (the <br /> ��Phase II Infrastructure Funds"), the source of funds for which will be an unsecured <br /> promissory note of$1,311,764 given from the City to the Authority, the form of which is <br /> attached as Exhibit B. [Per the terms of Decatur City Council Resolution No. R2002- <br /> 109, the City has committed up to $4,445,864 (including the $1,311,764 referenced <br /> above) toward infrastructure costs in Phase II and up to $3,308,550 toward <br /> infrastructure costs for Phase III.] <br /> G. Pursuant to Paragraph 4.5 of the Development Agreement, the Authority provided to the <br /> Developer and its Contractors, including Contractor, a revocable license entitlnig them to <br /> full access to the City Parcel for access thereto, subject to preexisting rights of others, to <br /> construct the Phase I Infrastructure Component. <br /> H. Upon completion of the Infrastructure Improvements, the City will accept the dedication <br /> of the Public Infrastructure Improvements pursuant to Paragraph 3.2 and Exhibit C of the <br /> Development Agreement and the Phase II Infrastructure Component. <br /> In consideration of the foregoing recitals and underlying promises, which all parties agree <br /> to be good and valuable consideration, the parties agree as follows: <br /> 1. Scope of Work. The scope of work for the Phase I Infrastructure Component is defined <br /> in the Development Agreement. The Phase II Infrastructure Component shall mean the <br /> installation of new streets and alleyways, parking areas and site lighting, sewage <br /> improvements, water and sewer mains, paving, curbs, perimeter sidewalks, signage and <br /> pavement markings, utilities, landscaping and parks in the areas, all located on the City <br /> Parcel, known as: (i) Leafland Oval Park and other areas located East of Clinton Street; <br /> (ii) Condit Park and that portion of Condit Street between Morgan and Clinton Streets; <br /> and (iii) Martin Luther King Jr. Drive between Marietta Street and Wabash Avenue. <br /> 2. Term. This Agreement shall terminate upon the earliest of(i) twenty four(24)months <br /> from the date of this Agreement first written above or(ii) completion of the Infrastructure <br /> Improvements and acceptance by the City of the Public Infrastructure Improvements and <br /> Phase II Infrastructure Improvements, unless extended by mutual agreement of the <br /> parties. <br /> 3. Right of Access. Access to portions of the City Parcel for construction of the Phase I <br /> Infrastructure Component is provided for in the Development Agreement. The City <br /> hereby grants to the Developer and its Contractors, including Contractor, a revocable <br /> license entitling them to full access to the City Parcel for access thereto, subject to <br /> preexisting rights of others, to construct the Phase II Infrastructure Component. <br /> 4. Approval of Plans. Contractor shall prepare or cause to be prepared plans and <br /> specifications for the Infrastructure Improvements (the"Plans and Specifications"). A <br /> condition precedent to the Contractor's performance of the Infrastructure Improvements <br /> is DHA's prior written approval of the Plans and Specifications and the City's prior <br /> 3 <br />
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