R2016-20 AUTHORIZING REAL ESTATE CONTRACT Wabash Redevelopment Area

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associated services, serving at least 51% low-to-moderate income residents as defined by the U.S. Department of Housing and Urban Development or similar not-for-profit use agreed to in writing by the Seller; and (ii) Allow Seller or its designee to monitor compliance with the use of the Property requirement, as may be required by the U.S. Department of Housing and Urban Development and allowed under federal law; and (iii) Substantially complete construction of said structure within one (1) year of the date of closing (subject to force majeure delays); and (iv) Transfer ownership from Buyer back to the City of Decatur in the event Buyer fails to substantially complete construction of the structure within one (1) year of the date of closing. (5) Substantial Completion. Substantial completion shall mean complete construction of the shell and core, with finished interiors of common areas. Substantial completion shall be evidenced by issuance of a certificate of occupancy under applicable codes of the City of Decatur, excluding minor and ancillary alterations, or additional work. (6) Use Restriction. The requirements: (a) that a structure be constructed and operated by a not-for-profit corporation providing a free food pantry, clothing, and prescription assistance, household furnishings, financial counseling and associated services serving at least 51% low-to- moderate income residents as defined by the U.S. Department of Housing and Urban Development, or similar not-for-profit uses agreed to in writing by the Seller; and (b) that Buyer, its successors and assigns allow Seller reasonable access to the property to monitor compliance with this requirement, shall survive the date of closing and shall be specifically enforceable by the Seller, its successors and assigns for not less than ten (10) years from the date of closing. 6 Page 23 of 180