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easements and rights-of-way affecting the property, all encroachments of improvements onto the <br /> property, and all improvements existing after DHA's demolition efforts. The said survey shall <br /> contain a metes and bounds description,or lots and blocks description as applicable,shall refer to the <br /> title commitment(s) for the Phase I Site, shall be certified to DHA, Developer, and, subsequently, <br /> upon request of Developer, to each Owner Entity, and any lender to or Equity Partner thereof, and <br /> each title company issuing title insurance on the Existing Property or any portion thereof.DHA shall <br /> further deliver to Developer and the surveyor a title insurance policy, and prior thereto a title <br /> insurance commitment, issued by a national title insurance company reasonably acceptable to <br /> Developer,together with copies of all instruments which are set forth as exceptions on Schedule B, <br /> insuring Developer's Title to the Phase I Site. The title commitment shall show no unpaid taxes or <br /> liens of any kind, no covenants, easements or restrictions of record unacceptable to Developer. <br /> 4.1.2 DHA Environmental Remediation. To the extent required under Legal <br /> Requirements applicable to the use of the Phase I Site for Revitalization, DHA shall remove or <br /> remediate any and all(a)Hazardous Materials,including all asbestos or asbestos containing material, <br /> or polychlorinated biphenyl material,(b)other materials or substances that require remediation under <br /> the Legal Requirements, (c) soil containing volatile organic compounds, (d) underground storage <br /> tanks,and(e)abandoned utility lines located in or on any portion of the Phase I Site which interfere <br /> with the proposed Revitalization prior to the time Title to such portion is conveyed to the Developer <br /> or an Owner Entity as provided for herein (collectively, the "Pre-Existing DHA Environmental <br /> Conditions"). The Pre-Existing DHA Environmental Conditions and the Pre-Existing City <br /> Environmental Conditions will collectively be known as "the Pre-Existing Environmental <br /> Conditions"). <br /> 4.1.3 Clean Site. DHA shall demolish any existing buildings and all other physical <br /> improvements and infrastructure on the Phase I Site with the exception of existing and usable utility <br /> and road infrastructure as agreed to by DHA and Developer. DHA shall remove and dispose of all <br /> debris from the demolition, remove and dispose of all other surface and subsurface physical <br /> obstructions and grade the Phase I Site as needed. <br /> 4.1.4 DHA Demolition �and Remediation. DHA shall ensure that all site <br /> remediation, demolition, site clearance, removal of rubble and soil, and all restorative site work is <br /> completed in a workmanlike manner and in conformance with all Legal Requirements,including but <br /> not limited to those governing the removal of asbestos-containing materials and/or lead based paint. <br /> DHA shall keep Developer apprised of its progress, and of any conditions it encounters that will <br /> impact Developer's performance of its obligations hereunder.As of the date on which a designated <br /> entity takes Title to all or any portion of the Phase I Site,DHA shall certify to such entity that such <br /> portion of the Phase I Site is in Clean and Buildable Condition. <br /> 4.2 DHA Infrastructure Obligations. In accordance with Section 2.2.1, DHA shall <br /> contribute the DHA Infrastructure Funds necessary to finance its share of the Phase I Infrastructure <br /> Component. DHA will participate in the planning, design and review of the Phase I Infrastructure <br /> Component and shall have approval authority over the budget for the Phase I Infrastructure <br /> Component prior to Developer commencing work on said component. <br /> Decatur Housing Authority Near North Impact Area Development Agreement <br /> Page 19 <br />