§ 42-63.5-7 - Additional agreements of the state.
SECTION 42-63.5-7
§ 42-63.5-7 Additional agreements of thestate. – Notwithstanding the provisions of any other general or special law or any rulesor regulation of any department, agency, public corporation or instrumentalityof the state, in order to induce the developer and its lenders to invest orfinance the necessary funds for the Providence Place Project, the state makesthe following additional agreements:
(1) State fees. To cap the fees for the projectpayable to the state and any agency thereof by the developer, including withoutlimitation, fees to the Coastal Resources Management Council, the NarragansettBay Water Quality Management District Commission, the State Building CodeCommission, the state fire marshal and the division of elevator inspectors ofthe department of labor and training, to a maximum combined payment for all ofthese permits of seven hundred ten thousand dollars ($710,000), to be payableto the department of administration and allocated by the director ofadministration among the departments, agencies, public corporations andinstrumentalities of the state as the director of administration shalldesignate for the payment of state fees relating to the project.
(2) Pedestrian infrastructure improvements. To design,permit and construct, or at its option exercised by written notice to thedeveloper by the director of administration on or before the date which is oneyear from November 8, 1995, to pay to the developer, two million dollars($2,000,000) payable on or before the date eighteen (18) months from the datethe developer commences construction of the project, and require the developerto design, permit and construct the pedestrian infrastructure improvements,consisting of: (i) the pedestrian skybridge which will connect the Mall withthe Westin Hotel, (ii) the sidewalks surrounding the Mall including, withoutlimitation, plantings, light poles, benches, railings and kiosks, and (iii) theextension of the Riverwalk over or under Francis Street on both sides of theriver into the Project Site, all as more particularly described in the PublicInvestment and HOV Agreement. If the director of administration elects to paythe developer to design, permit and construct the Pedestrian InfrastructureImprovements, that determination shall be conclusive, and notwithstanding theprovisions of any other general or special law to the contrary, the design,permitting and construction of the public infrastructure improvements by thedeveloper or any contractor or other agent of the developer shall not besubject to any state purchasing, state construction, or state public worksstatute applicable solely to public construction projects, but shall be subjectto all design and construction reviews and approvals applicable to privateconstruction projects, including, without limitation, the design approval ofthe Capital Center Commission which shall be applicable in any event.