R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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and Annual Agency Plans in conformance with and furtherance of the Revitalization Plan, as such Agency Plans are submitted yearly and may be amended from time to time. 4.8 Loan or Grant of Funds to the Revitalization. Subj ect to Total Development Cost (TDC) and HLTD approval requirements, other applicable statutes, regulations, ordinances, and orders of all governmental authorities having jurisdiction over the Revitalization, DHA hereby commits to make one or more loans or grants of development funding to the Revitalization in the aggregate amount of the HOPE VI Grant and applicable portion of the Capital Fund less DHA administrative,consultant,and other applicable costs. The"HOPE VI Financing"shall be allocated to one or more Components as the Developer and DHA shall agree, and shall be reflected in one or more Mixed-Finance Proposals. Each loan or grant shall be evidenced and secured by the DHA Financing Documents. 4.9 Resident Relocation. DHA shall be responsible at its own expense for any resident relocation to or from the Revitalization required or permitted in connection with the Revitalization. The DHA and Developer shall enter into a Regulatory and Operating Agreement("R&O")which shall address the eligibility, screening and/or other criteria to be used to admit"Prior Residents." The Developer shall cooperate with the DHA in relocating Prior Residents into any Component unit in which they are eligible to live, the cost of which relocation shall be paid by the DHA. 4.10 HOPE VI Grant Compliance. DHA will comply in all material respects with the Annual Contributions Contract (the "ACC") and the HOPE VI Grant Agreement, provided, however, that DHA shall not be deemed to have failed in the foregoing obligation if any default thereunder was caused,occasioned or hindered in its cure by any material actions,omissions,delay or breach of warranty of Developer or a Contractor of Developer. 4.11 Provision of Operating Subsidy. The DHA will pay to Developer or Owner Entities operating subsidies for PHA-Assisted Units pursuant to one or more ACCs,one or more Regulatory and Operating Agreement(s), as the Parties shall determine, and applicable statutes, regulations, ordinances, and orders of all governmental authorities having jurisdiction over the Revitalization. Said operating subsidies shall be further defined in the documents referenced herein, but shall generally be an amount,subj ect to annual budget review,equal to the AEL less an asset management fee to the Authority(or some amount to cover Authority oversight costs)and other appropriate costs outlined in the Mixed-Finance Proposal to be prepared by Developer and approved by DHA and HUD. In addition, DHA shall provide to the Developer at least twenty-one(21) Section 8 proj ect- based assistance vouchers. DHA and the Developer agree that not less than 100 units in the Phase I Rental Component shall be PHA-Assisted units. 4.12 DHA Support of Developer's Applications. Provided Developer is not in default under this Agreement, DHA will cooperate with Developer's efforts hereunder and will, in coordination with Developer,provide letters of support for and engage in other reasonable activities to support Developer's applications to HUD,IHDA,the Decatur Planning Commission,the Decatur City Council and any and all other applications for approvals,variances,grants,permits,releases to any other governmental agency,bureau,and department for the Phase I Site within a time frame that meets the Development Schedule. Decatur Housing Authority Near North Impact Area Development Agreement Page 21