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3.1.4 City Demolition and Remediation. Subject to the provisions of Sections
<br /> 3.1.2 and 3.1.3 hereof,the City shall ensure that the City's obligations in regard to the City Parcels to
<br /> perform all site remediation, demolition, site clearance, removal of rubble and soil, and all
<br /> restorative site work contemplated under this Agreement are completed in a workmanlike manner
<br /> and in conformance with all Legal Requirements, including but not limited to those governing the
<br /> removal of asbestos-containing materials and/or lead based paint. City shall keep DHA and
<br /> Developer apprised of its progress, and of any conditions it encounters that will impact DHA's or
<br /> Developer's performance of its obligations hereunder.As of the date on which DHA takes title to all
<br /> or any portion of the City Parcels,the City shall certify to DHA that such portion of the City Parcels
<br /> is in Clean and Buildable Condition as such term is defined in Section 3.1 hereof.
<br /> 3.2 City Infrastructure Obligations. Prior to the initiation of the construction, or the
<br /> issuance of any building permits for any buildings, streets, water or sewer mains or any other
<br /> structures or utility infrastructure of any sort anywhere on the Phase I Site,.a complete set of plans
<br /> therefor,including but not limited to site plans,drawings,engineering and architectural designs and
<br /> specifications, and landscape designs, including any contracts therefor and costs thereof, shall be
<br /> submitted by the Developer to the City and approved by the City's Director of Engineering and
<br /> Infrastructure and the Director of Economic and Urban Development.
<br /> In accordance with Section 2.2.1, the City shall contribute an amount up to $2,600,000 to
<br /> finance the Public Infrastructure Improvements,with up to$300,000 dedicated to master planning.
<br /> DHA shall have initial review and approval authority over planning,design and budget for the Public
<br /> Infrastructure Improvements, and shall submit such matters to the City for final approval prior to
<br /> Developer commencing work on said component. With regard to anticipated funding for
<br /> infrastructure in future phases of the Revitalization,the City Council has adopted Resolution No.R-
<br /> 2002-109. Exhibit M hereto is a letter from the City describing the contents of that resolution. It is
<br /> anticipated that the flow of total proj ect funds for all phases of the project,as that flow relates to the
<br /> City's intention to invest in infrastnzcture,will include a draw from HOPE VI funds to fund Phase 1
<br /> infrastructure costs, which is in addition to the $2.6 million investment discussed herein. Upon
<br /> completion of the Public Infrastructure Improvements, the City will accept— subject to all of the
<br /> approvals, procedures and bonding requirements required by the City, including any of the City's
<br /> agencies or departments—the dedication to the City of certain agreed-upon Public Infrastructure
<br /> Improvements including, but not limited to, roadways, alleyways, sidewalks, sewerage
<br /> improvements, utilities, street trees and lighting, and other such improvements contemplated to
<br /> comprise the Public Infrastructure Improvemerits in the Pattern Book; provided, however, that all
<br /> such Public Infrastructure Improvements satisfy all conditions required in connection with the public
<br /> dedication process and any other dedication requirements of the City, including any of the City's
<br /> agencies or departments. The City shall have review and approval authority over all plans for
<br /> infrastructure work. If acceptable to the City, the City shall approve such plans for infrastructure
<br /> work that are contemplated to be dedicated to and maintained by the City as such in accordance with
<br /> the City's policies,as such may be amended from time to time.The City will provide the appropriate
<br /> personnel to review and approve the scope and specifications of the Infrastructure Improvements,
<br /> and will be responsible for the continued maintenance and operation of such Public Infrastructure
<br /> Improvements for which the City accepts dedication, exclusive of any land conveyed to a
<br /> homeowner as part of the Phase I Homeownership Component.
<br /> Decatur Housing Authority Near North Impact Area Development Agreement
<br /> Page 15
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