§ 42-63.5-7. Additional agreements of the state. Notwithstanding the provisions of any other general or special law or any rules or regulation of any department, agency, public corporation or instrumentality of the state, in order to induce the developer and its lenders to invest or finance the necessary funds for the Providence Place Project, the state makes the following additional agreements:

(1) State fees. To cap the fees for the project payable to the state and any agency thereof by the developer, including without limitation, fees to the Coastal Resources Management Council, the Narragansett Bay Water Quality Management District Commission, the State Building Code Commission, the state fire marshal and the division of elevator inspectors of the department of labor and training, to a maximum combined payment for all of these permits of seven hundred ten thousand dollars ($710,000), to be payable to the department of administration and allocated by the director of administration among the departments, agencies, public corporations and instrumentalities of the state as the director of administration shall designate 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 the developer by the director of administration on or before the date which is one year 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 date the developer commences construction of the project, and require the developer to design, permit and construct the pedestrian infrastructure improvements, consisting of: (i) the pedestrian skybridge which will connect the Mall with the Westin Hotel, (ii) the sidewalks surrounding the Mall including, without limitation, plantings, light poles, benches, railings and kiosks, and (iii) the extension of the Riverwalk over or under Francis Street on both sides of the river into the Project Site, all as more particularly described in the Public Investment and HOV Agreement. If the director of administration elects to pay the developer to design, permit and construct the Pedestrian Infrastructure Improvements, that determination shall be conclusive, and notwithstanding the provisions of any other general or special law to the contrary, the design, permitting and construction of the public infrastructure improvements by the developer or any contractor or other agent of the developer shall not be subject to any state purchasing, state construction, or state public works statute applicable solely to public construction projects, but shall be subject to all design and construction reviews and approvals applicable to private construction projects, including, without limitation, the design approval of the Capital Center Commission which shall be applicable in any event.

History of Section. (P.L. 1995, ch. 400, § 4.)