R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

Home Browse Search

copies of all instruments which are set forth as exceptions on Schedule B,insuring DHA's fee simple title to the City Parcels. For the purposes of the Phase I Site,the only portions of the City Parcels for which the City shall be under any obligation to convey is limited to thirty-five (35)acres, more or less, essentially comprising the land necessary to complete the Phase I Site. 3.1.2 City Environmental Remediation. In relation to the City Parcels and pursuant to the requirements contained in the HOPE VI Grant Agreement, the City will be responsible for the environmental clearance required by HUD for soil and will obtain,if necessary, either directly or through the DHA, an approved process for asbestos abatement,if applicable. The City or the DHA(whichever has obtained the same)shall make available to the Developer a copy of the site clearance letter. Other than the foregoing, the only obligation of the City in regard to the City Parcels in regard to environmental matters shall be to deliver the same to DHA,in a Clean and Buildable Condition,as such term applies solely to the City and the City Parcels. The Parties intend that any amendments regarding additional phases of the Revitalization shall be generally consistent with the provisions of this Article 3. In the event that DHA, in consultation with the Developer,determines that any of the City Parcels requires environmental remediation beyond that which is the responsibility of the City,DHA may,at its election,(1)refuse to accept conveyance of such parcel or(2)accept conveyance of such parcel and take such actions as are necessary satisfactorily to remediate such parcels. The City's obligation to convey to DHA the City Parcels, or any one or more of them, is expressly conditioned upon(a)the absence of any uncured default on DHA's part;(b)the absence of any uncured default on Developer's part; (c)no Force Majeure Event affecting the City's ability to convey the City Parcels, or any one or more of them, then exist; (d) the City will be entitled to encumber the fee title to all of the City Parcels and the DHA Parcels,which are intended to be sites for any PHA-Assisted Units with a restrictive covenant,in a form and containing substance which is acceptable to the City,pursuant to which the use of such land is restricted to such uses as would be in accordance with this Agreement,and must remain the same for so long as any applicable Public Housing Requirements or any other applicable Legal Requirements in regard to such use are in effect. 3.1.3 Clean Site. The City shall demolish any existing buildings a.nd all other physical improvements and infrastructure on the City Parcels which are located on the surface of the City Parcels,with the exception of existing and usable utility and road infrastructure as agreed to by City, DHA and Developer. The City shall remove and dispose of all debris from the demolition, remove and dispose of all other surface physical obstructions and rough grade buildable areas of the City Parcels which have been affected by the demolition in a manner which is materially adverse to the development of the Revitalization. In the event that DHA,in consultation with the Developer,determines that any of the City Parcels contains unacceptable surface or subsurface obstructions,hazards or debris,DHA may,at its election,(1)refuse to accept conveyance of such parcel or(2)accept conveyance of such parcel and take such actions as are necessary to remove such obstructions,hazards or debris. Decatur Housing Authority Near North Impact Area Development Agreement Page 14