R2002-192 AUTHORIZING DEVELOPMENT AGREEMENT

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Verified Cost Savings received by either available, pro rata, to cover the costs of corrective work resulting from defective workmanship incurred within one year after Final Completion, excluding corrective work required of Contractors under their warranties or otherwise without cost to the Parties. The City shall make available, pro rata, its Verified Cost Savings to cover the cost of corrective work only for the Public Infrastructure Improvements resulting from defective workmanship incurred within one year after Final Completion; but only to the extent the City controls such corrective work,or the City engaged the Contractor which performed such conective work, and such Contractor was under the sole control of the City, subject to such Contractor's performance of its warranties and representations. Any Verified Cost Savings received by DHA and the City under this Section shall be used by DHA and the City for the benefit of the Revitalization. 7.6 Task Orders and Task Fees. Developer and DHA may agree that the Developer shall undertake additional tasks or perform additional services outside the original scope of this Agreement, including work or services that are made the responsibility of DHA hereunder. DHA may request an estimate from Developer for performing such tasks. Each request shall contain a brief scope of work and product. Developer shall either respond timely to such request or notify DHA that it is not willing to consider undertaking the additional task. If the parties shall agree that Developer shall undertake a task,DHA shall issue a task order(each,a"Task Order")to that effect. The Task Order shall describe the agreement of the parties regarding the scope of the task to be performed and the conditions related thereto. Each Task Order shall also state the agreed amount of or basis for calculating the compensation to be paid to the Developer in consideration of the task to be performed (the "Task Fee"). Task Fees shall be billed no more frequently than monthly, and shall be paid by DHA within 30 days of receipt by DHA of the invoice therefore, accompanied by appropriate documentation supporting the charges for which payment is being requested. 7.7 City Reimbursement Process. In order to receive any Public Improvement Funds from the City for any Public Infrastructure Improvements in accordance with the Revitalization Budget, the Developer shall (a)provide to the City statements of work that identify what work was performed,who performed the work, and the cost incurred for such work based upon the Revitalization Budget, as amended; (b)provide copies of all lien waivers from the General Contractor together with Owner's sworn statement and General Contractor's sworn statement as to the amount of work done, (c)provide third party invoices and other evidence as to reimbursables. Developer's submissions for reimbursement shall be made in draw requests at thirty percent (30%) completion, sixty percent (60%) completion, ninety(90%) completion, and one hundred percent (100%) completion. ARTICLE 8. TERMINATION FOR CAUSE. 8.1 Events of Default by Developer. Upon writte�notice from the DHA,the expiration of any cure rights set forth in this Section or Section 8.3 hereof, and subject to the provisions of Sections 8.2 and 8.3 hereof,Developer shall be deemed to be in default of this Agreement if any of the following events (each, an"Event of DefaulY') occurs: (a) The Developer materially breaches any obligation herein; or Decatur Housing Authority Near North Impact Area Development Agreement � Page 33