Common use of Public Infrastructure Clause in Contracts

Public Infrastructure. As part of the Project and as required by this Community Benefits Agreement, Owner will provide the following public infrastructure: Bike and Pedestrian Facilities and Paths: 12 ft wide multi-use path around the property and also connecting to neighboring parcels. A total of 7,818 linear feet of paths will be constructed. Bike storage and repair facilities will be included. Parks and Greenspace: There will be a 19.57-acre reduction of impervious surfaces. Intersection Improvements: 3 traffic circles, pedestrian crosswalks, urban street grid/intersections. Stormwater Remediation and Facilities: Storm facilities to bring the current site to code and which will help alleviate some downstream flooding and water quality issues. Detention facilities are designed to be aesthetically pleasing and incorporated into the common areas. Common Areas and Public Spaces: Central gathering courtyard and enhanced pedestrian experiences at retail storefronts. Paving and curb/gutter for the new street grid and road layout. Landscape/Sitework/Utility: Installation of 1,024 trees that are 2" caliper or greater. Reforestation of 24,500 sf of green space. Utility services and network brought up to current requirements. Publicly Dedicated Property: Owner will convey to the public, pursuant to this Agreement and without cost, by means of licenses and/or public easements in favor of ACC, an interest in all of the Project’s horizontal improvements, such as roads, stormwater system, traffic circles, park/greenspace and a multi-use trail (such interest, the “Publicly Dedicated Property), and will assume and pay all costs of operating and maintaining such horizontal improvements. Such licenses and/or public easements shall be in form and substance reasonably satisfactory to ACC and shall require Owner to pay its customary share of common area maintenance (CAM) and comply with all applicable laws and regulations and association rules, regulations, maintenance and other requirements. The public infrastructure referred to in clauses (1)-(8), above is part of the Horizontal Infrastructure for the respective Phases, and the construction thereof shall respectively start and shall be completed, subject to Force Majeure, according to the Project Construction Schedule for the respective Phases. Owner will use best efforts to afford minority and female business enterprises (“MFBE” or “MFBEs”) the opportunity to participate in each Phase of business opportunities that relate to the acquisition, design and construction of the Project, including hosting a pre-construction job opportunity fair, soliciting MFBE bid participation and advertising in the local newspaper of general circulation, conduct promotional campaign to alert the area of the job opportunities, planning hiring fairs and interview days, and ensuring that all bids are accepted and considered, provided that bid selections shall be based on qualifications and comparative pricing. “Best efforts” shall mean that Owner will consider all competitive proposals, sub-bids, and quotations received from MFBEs. When a contract or subcontract is not awarded to an MFBE submitting the most competitive bid, Owner must document the reason(s) the award was not made and substantiate that documentation in writing. If Owner terminates an agreement and/or subcontract with an MFBE, Owner will be required to adhere to these provisions in the selection of the replacement for that MFBE. Owner shall not discriminate on the basis of race, color, national origin, or sex when soliciting bids for the acquisition, design and construction of the Project. The Board of Education shall be a third party beneficiary of Owner’s obligations under this paragraph with the right to enforce the same directly against Owner. Owner will develop and implement (i) a workforce training and recruitment program designed to provide MFBEs with an opportunity to meaningfully participate in construction opportunities created by the Project, and (ii) an internship program in partnership with the Athens Community Career Academy (ACCA) focused primarily on providing employment opportunities for graduating CCSD students and recent CCSD graduates. West Precinct Police Station and Wellness Center. Owner shall provide ACC with an option to extend the Police and Wellness Center Lease for a term of up to twenty-five (25) years, at the same rental rate being paid on the Dated Date of the Community Benefits Agreement.

Public Infrastructure. As part of the Project and as required by this Community Benefits Agreement, Owner will provide the following public infrastructure: Bike and Pedestrian Facilities and Paths: 12 ft wide multi-use path around the property and also connecting to neighboring parcels. A total of 7,818 linear feet of paths will be constructed. Bike storage and repair facilities will be included. Parks and Greenspace: There will be a 19.57-acre reduction of impervious surfaces. Intersection Improvements: 3 traffic circles, pedestrian crosswalks, urban street grid/intersections. Stormwater Remediation and Facilities: Storm facilities to bring the current site to code and which will help alleviate some downstream flooding and water quality issues. Detention facilities are designed to be aesthetically pleasing and incorporated into the common areas. Common Areas and Public Spaces: Central gathering courtyard and enhanced pedestrian experiences at retail storefronts. Paving and curb/gutter for the new street grid and road layout. Landscape/Sitework/Utility: Installation of 1,024 trees that are 2" caliper or greater. Reforestation of 24,500 sf of green space. Utility services and network brought up to current requirements. Publicly Dedicated Property: Owner will convey to the public, pursuant to this Agreement and without cost, by means of licenses and/or public easements in favor of ACC, an interest in all of the Project’s horizontal improvements, such as roads, stormwater system, traffic circles, park/greenspace and a multi-use trail (such interest, the “Publicly Dedicated Property), and will assume and pay all costs of operating and maintaining such horizontal improvements. Such licenses and/or public easements shall be in form and substance reasonably satisfactory to ACC and shall require Owner to pay its customary share of common area maintenance (CAM) and comply with all applicable laws and regulations and association rules, regulations, maintenance and other requirementsACC. The public infrastructure referred to in clauses (1)-(8), above is part of the Horizontal Infrastructure for the respective Phases, and the construction thereof shall respectively start and shall be completed, subject to Force Majeure, according to the Project Construction Schedule for the respective Phases. Owner will use best efforts to afford minority and female business enterprises (“MFBE” or “MFBEs”) the opportunity to participate in each Phase of business opportunities that relate to the acquisition, design and construction of the Project, including hosting a pre-construction job opportunity fair, soliciting MFBE bid participation and advertising in the local newspaper of general circulation, conduct promotional campaign to alert the area of the job opportunities, planning hiring fairs and interview days, and ensuring that all bids are accepted and considered, provided that bid selections shall be based on qualifications and comparative pricing. “Best efforts” shall mean that Owner will consider all competitive proposals, sub-bids, and quotations received from MFBEs. When a contract or subcontract is not awarded to an MFBE submitting the most competitive bid, Owner must document the reason(s) the award was not made and substantiate that documentation in writing. If Owner terminates an agreement and/or subcontract with an MFBE, Owner will be required to adhere to these provisions in the selection of the replacement for that MFBE. Owner shall not discriminate on the basis of race, color, national origin, or sex when soliciting bids for the acquisition, design and construction of the Project. The Board of Education shall be a third party beneficiary of Owner’s obligations under this paragraph with the right to enforce the same directly against Owner. Owner will develop and implement (i) a workforce training and recruitment program designed to provide MFBEs with an opportunity to meaningfully participate in construction opportunities created by the Project, and (ii) an internship program in partnership with the Athens Community Career Academy (ACCA) focused primarily on providing employment opportunities for graduating CCSD students and recent CCSD graduates. West Precinct Police Station and Wellness Center. Owner shall provide ACC with an option to extend the Police and Wellness Center Lease for a term of up to twenty-five (25) years, at the same rental rate being paid on the Dated Date of the Community Benefits Agreement.

Public Infrastructure. As part of the Project and as required by this Community Benefits Agreement, Owner will provide the following public infrastructure: Bike and Pedestrian Facilities and Paths: 12 ft wide multi-use path around the property and also connecting to neighboring parcels. A total of 7,818 linear feet of paths will be constructed. Bike storage and repair facilities will be included. Parks and Greenspace: There will be a 19.57-acre reduction of impervious surfaces. Intersection Improvements: 3 traffic circles, pedestrian crosswalks, urban street grid/intersections. Stormwater Remediation and Facilities: Storm facilities to bring the current site to code and which will help alleviate some downstream flooding and water quality issues. Detention facilities are designed to be aesthetically pleasing and incorporated into the common areas. Common Areas and Public Spaces: Central gathering courtyard and enhanced pedestrian experiences at retail storefronts. Paving and curb/gutter for the new street grid and road layout. Landscape/Sitework/Utility: Installation of 1,024 trees that are 2" caliper or greater. Reforestation of 24,500 sf of green space. Utility services and network brought up to current requirements. Publicly Dedicated Property: Owner will convey to the public, pursuant to this Agreement and without cost, by means of licenses and/or public easements in favor of ACC, an interest in all of the Project’s horizontal improvements, such as roads, stormwater system, traffic circles, park/greenspace and a multi-use trail (such interest, the “Publicly Dedicated Property), and will assume and pay all costs of operating and maintaining such horizontal improvements. Such licenses and/or public easements shall be in form and substance reasonably satisfactory to ACC ACC. and shall require Owner to pay its customary share of common area maintenance (CAM) and comply with all applicable laws and regulations and association rules, regulations, maintenance and other requirements. The public infrastructure referred to in clauses (1)-(8), above is part of the Horizontal Infrastructure for the respective Phases, and the construction thereof shall respectively start and shall be completed, subject to Force Majeure, according to the Project Construction Schedule for the respective Phases. Owner will use make good faithuse best efforts to provide afford minority and female business enterprises (“MFBE” or “MFBEs”) the opportunity to participate in each Phase of business opportunities that relate to the acquisition, design and construction of the Project, including hosting a pre-construction job opportunity fair, soliciting MFBE minority and female businessMFBE bid participation and advertising in the local newspaper of general circulation, conduct promotional campaign to alert the area of the job opportunities, planning hiring fairs and interview days, and ensuring that all bids are accepted and considered, provided that bid selections shall be based on qualifications and comparative pricing. “Best efforts” shall mean that Owner will consider all competitive proposals, sub-bids, and quotations received from MFBEs. When a contract or subcontract is not awarded to an MFBE submitting the most competitive bid, Owner must document the reason(s) the award was not made and substantiate that documentation in writing. If Owner terminates an agreement and/or subcontract with an MFBE, Owner will be required to adhere to these provisions in the selection of the replacement for that MFBE. Owner shall not discriminate on the basis of race, color, national origin, or sex when soliciting bids for the acquisition, design and construction of the Project. The Board of Education shall be a third party beneficiary of Owner’s obligations under this paragraph with the right to enforce the same directly against Owner. Owner will develop and implement (i) a workforce training and recruitment program designed to provide MFBEs with an opportunity to meaningfully participate in construction opportunities created by the Project, and (ii) an internship program in partnership with the Athens Community Career Academy (ACCA) focused primarily on providing employment opportunities for graduating CCSD students and recent CCSD graduates. West Precinct Police Station and Wellness Center. Owner shall provide ACC with an option to extend the Police and Wellness Center Lease for a term of up to twenty-five (25) years, at the same rental rate being paid on the Dated Date of the Community Benefits Agreement.

Public Infrastructure. As part of the Project and as required by this Community Benefits Agreement, Owner will provide the following public infrastructure: Bike and Pedestrian Facilities and Paths: 12 ft wide multi-use path around the property and also connecting to neighboring parcels. A total of 7,818 linear feet of paths will be constructed. Bike storage and repair facilities will be included. Parks and Greenspace: There will be a 19.57-acre reduction of impervious surfaces. Intersection Improvements: 3 traffic circles, pedestrian crosswalks, urban street grid/intersections. Stormwater Remediation and Facilities: Storm facilities to bring the current site to code and which will help alleviate some downstream flooding and water quality issues. Detention facilities are designed to be aesthetically pleasing and incorporated into the common areas. Common Areas and Public Spaces: Central gathering courtyard and enhanced pedestrian experiences at retail storefronts. Paving and curb/gutter for the new street grid and road layout. Landscape/Sitework/Utility: Installation of 1,024 trees that are 2" caliper or greater. Reforestation of 24,500 sf of green space. Utility services and network brought up to current requirements. Publicly Dedicated Property: Owner will convey to the public, pursuant to this Agreement and without cost, by means of licenses and/or public easements in favor of ACC, an interest in all of the Project’s horizontal improvements, such as roads, stormwater system, traffic circles, park/greenspace and a multi-use trail (such interest, the “Publicly Dedicated Property), and will assume and pay all costs of operating and maintaining such horizontal improvements. Such licenses and/or public easements shall be in form and substance reasonably satisfactory to ACC and shall require Owner to pay its customary share of common area maintenance (CAM) and comply with all applicable laws and regulations and association rules, regulations, maintenance and other requirements. The public infrastructure referred to in clauses (1)-(8), above is part of the Horizontal Infrastructure for the respective Phases, and the construction thereof shall respectively start and shall be completed, subject to Force Majeure, according to the Project Construction Schedule for the respective Phases. Owner will use best efforts to afford minority and female business enterprises (“MFBE” or “MFBEs”) the opportunity to participate in each Phase of business opportunities that relate to the acquisition, design and construction of the Project, including hosting a pre-construction job opportunity fair, soliciting MFBE bid participation and advertising in the local newspaper of general circulation, conduct promotional campaign to alert the area of the job opportunities, planning hiring fairs and interview days, and ensuring that all bids are accepted and considered, provided that bid selections shall be based on qualifications and comparative pricing. “Best efforts” shall mean that Owner will consider all competitive proposals, sub-bids, and quotations received from MFBEs. When a contract or subcontract is not awarded to an MFBE submitting the most competitive bid, Owner must document the reason(s) the award was not made and substantiate that documentation in writing. If Owner terminates an agreement and/or subcontract with an MFBE, Owner will be required to adhere to these provisions in the selection of the replacement for that MFBE. Owner shall not discriminate on the basis of race, color, national origin, or sex when soliciting bids for the acquisition, design and construction of the Project. The Board of Education shall be a third party beneficiary of Owner’s obligations under this paragraph with the right to enforce the same directly against Owner. Owner will develop and implement (i) a workforce training and recruitment program designed to provide MFBEs with an opportunity to meaningfully participate in construction opportunities created by the Project, and (ii) an internship program in partnership with the Athens Community Career Academy (ACCA) focused primarily on providing employment opportunities for graduating CCSD students and recent CCSD graduates. West Precinct Police Station and Wellness Center. Owner shall provide ACC with an option to extend the Police and Wellness Center Lease for a term of up to twenty-five (25) years, at the same rental rate being paid on the Dated Date of the Community Benefits AgreementACC.