R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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4.3 DHA Site Design Obligations. The DHA will work with the Developer to finalize the Final Phase I Site Plan for submission to the City. Consistent with Section 4.12 and 4.13,DHA will provide letters of support and/or respond affirmatively to other reasonable support requests regarding Developer's submission of an amendment to the PD for the Phase I Site. 4.4 DHA Phase I Homeownership Obligations.DHA and the Developer agree that it is important to the success of the Phase I Homeownership Component to reduce the cost of production and purchase of the homeownership units. Accordingly, DHA agrees to provide funding to the Developer and/or individual homebuyers in connection with the Phase I Homeownership Component consistent with an approved Homeownership Plan, applicable HUD regulations and the Revitalization Budget. 4.5 Access to Phase I Site. Prior to transferring Title to the Phase I Site (or portions thereo fl pursuant to this Agreement, DHA hereby provides to Developer and its Contractors a revocable license entitling them to full access to the DHA Parcels and City Parcels to which it has acquired title, including buildings and improvements thereon, rights-of-way and easements for access thereto, subject to preexisting rights of other parties, if any. 4.6 Reserved. 4.7 HUD Submissions. DHA in cooperation with Developer shall be responsible for timely approval,preparation and/or prosecuting all required submissions to HUD,unless otherwise agreed to by the Parties. Developer shall manage the HUD submissions process so that all documents comply with the Revitalization schedule set forth in this Agreement. Developer shall submit to the DHA all required HUD information and shall reasonably cooperate with DHA in preparation of submission materials in accordance with submission and Revitalization timetables. Required submissions to HLTD include but are not limited to submission of the Revitalization Plan, Mixed-Finance Proposals,Non-Authority Mixed-Finance Evidentiaries and related submissions,any Homeownership Plans,and any Acquisition and Disposition Applications. Unless otherwise detailed in this Agreement,the Parties shall not incur additional material out-of-pocket costs for preparation of materials that are not their responsibility. Information required for DHA submissions do not constitute additional material out-of-pocket costs to the Developer or to the City;provided,however, in regard to the City,the City has such information in its possession. Except as otherwise indicated in this Agreement,each of the Parties shall be responsible for the cost and expense of preparing their own documents,which include but are not limited to evidentiaries. DHA shall not be responsible for costs and expenses of Owner Entity, loan, and tax credit documents. Developer shall bear the sole cost and expense of completing the Mixed-Finance Proposal,Evidentiaxies,any and all Acquisition Applications, and any and all Disposition Applications,which shall be reviewed by DHA and then submitted by DHA to HUD. The Developer may charge certain third-party costs in connection with the preparation of HUD submissions in accordance with and subject to HUD's "Cost Control and Safe Harbor Standards for Mixed-Finance Rental Development," including, specifically, as such HUD standards relate to Developer's legal costs, as a project cost. DHA shall keep Developer and the City informed of developments regarding such submissions. DHA shall also be responsible for preparing,submitting and making good faith efforts to obtain HUD's approval of DHA's Five-Year Decatur Housing Authority Near North Impact Area Development Agreement Page 20