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ARTICLE 2. REVITALIZATION RESPONSIBILITIES OF DEVELOPER <br /> 2.1 Scope of Revitalization Activities. Except as otherwise provided for herein,Developer <br /> shall be responsible for completion of all development activities required for the financing(including <br /> debt and equity in accordance with Section 2.1.3), development and construction of the <br /> Revitalization as set forth herein. The Developer guarantees to the City and DHA, jointly and <br /> severally, completion of all development, financing and construction activities set forth herein, <br /> subject to terms, conditions and contingencies as described in this Agreement. The Parties <br /> understand and agree that the planning companies engaged by the City,Goody,Clancy&Associates <br /> ("Goody Clancy")and Massie and Massie Associates,Inc.("Massie and Massie"),are responsible <br /> for the preliminary planning and design of the Impact Area. The City agrees to provide up to a <br /> maximum of three hundred thousand dollars($300,000)to pay for the services of Goody Clancy and <br /> Massie and Massie. The Developer will participate in the planning and design process for the Impact <br /> Area only to the extent set forth in Sections 2.2.1, 3.2 and 4.2 of this Agreement. <br /> Revitalization Components are as set forth in Exhibit C. The Developer shall provide for, <br /> among other things,the following services and discharge the following duties and obligations with <br /> respect to the Revitalization: <br /> 2.1.1 Performance Milestones. Attached hereto as Exhibit F is a schedule of <br /> Performance Milestones, "Revitalization Schedule,"and Milestone Deadlines with respect to the <br /> Revitalization. The Developer hereby represents to the City and DHA,jointly and severally,that it <br /> has the ability to meet the Milestone Deadlines, and that such representation is a substantial <br /> inducement for DHA and the City to enter into this Agreement. The DHA and the City will wark in <br /> good faith to support the Developer's efforts to satisfy the Performance Milestones and Milestone <br /> Deadlines. The Developer shall complete each Performance Milestone by the applicable Milestone <br /> Deadline. Milestone Deadlines and Performance Milestones shall be adjusted as provided for in <br /> Section 8.2 and otherwise by agreement of the Parties. Developer's failure to meet a Milestone <br /> Deadline, shall be a default hereunder unless the Developer is using best efforts to achieve the <br /> applicable Milestone by its Milestone Deadline, has advised DHA and the City of any delays in <br /> meeting such Performance Milestone, and the reasons therefor, and the Parties have entered into <br /> good faith negotiations to amend such Performance Milestone and DHA and the City subsequently <br /> agree to such revised Performance Milestone. <br /> Upon the achievement of any Performance Milestone and promptly after receiving a <br /> request from the Developer in connection with any applications to IHDA with respect to an <br /> allocation for Low Income Housing Tax Credits,or on other occasions when in the determination of <br /> Developer an estoppel certificate may be necessary to further applications necessary to the <br /> Revitalization, DHA shall issue an estoppel certificate (each, an "Estoppel Certificate") with <br /> respect to such Performance Milestone. Such Estoppel Certificate shall constitute DHA's <br /> confirmation that Developer is not in default under this Agreement and has achieved the applicable <br /> Performance Milestone and the DHA does not have any objection to Developer's Low Income <br /> Housing Ta�c Credit Application or other such application in connection with the Revitalization. <br /> Decatur Housing Authority Near North Impact Area Development Agreement <br /> Page 9 <br />