§ 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.