R2018-94 Authorizing 2nd Amendment to Agreement between the City of Decatur and MDA Properties LLC

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Book: 4558 Page: 438 Graham & Associates dated September 30, 2015 hereby attached as Exhibit C, or address said concerns through a City approved Tiered Approach to Corrective Objectives(TACO)Agreement. 6. All work described in this agreement shall meet or exceed applicable State and Local Building Codes and Standards. 7. At such time as the Developer shall have substantially completed the requirements of Sections 1, 2, 3, and 4, the City shall fully release the mortgage lien attached to the premises. Substantial completion of Sections 1, 2, and 3 shall be defined as completion and final approval of and, in the case of Section 1, dedication to the City of Decatur. Final approval shall be at the sole discretion of the City of Decatur's Director of Public Works or his or her designee, and shall not be unreasonably withheld. Substantial completion or substantially complete as related to the requirements of Section 4 shall be defined as: completed construction of the shell and core of a minimum of five residential units on the second stories of the premises at 150 W.Wood St and/or 155 W. Main St.; including finished interiors of common areas; and issuance of certificates of occupancy for the common areas and each of the residential units,except minor and ancillary alterations. 8.If any section,term or provision of this Agreement or the application thereof shall be found or held to be invalid or unenforceable,the remainder of such section,term or provision of the Agreement other than those to which it is held invalid or unenforceable shall not be affected thereby. 9.All notices,demands,requests,consents,approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party or an officer,agent or attorney of the party,and shall be deemed to have been effective as of the date of actual delivery,if delivered personally,or as of the third(P)day from and including the date of posting,if mailed by registered or certified mail,return receipt requested,with postage prepaid,addressed as follows(or to such other address as is provided by notice): DEVELOPER: CITY: Mr.Tim Raycraft City Manager 101 S.Main St,Suite 800 #1 Gary K.Anderson Plaza Decatur,IL 62523 Decatur,IL 62523 With a copy to: Corporation Counsel #I Gary K.Anderson Plaza Decatur,IL 62523 10. Neither anything in this Agreement nor any acts of the Municipality and/or Main Place Properties under this Agreement shall be construed by the parties or any third person to create an employment relationship or the relationship of a partnership, agency, or joint venture between them. No covenant or agreement contained in this Agreement shall be deemed to be the covenant or agreement of any official, officer, agent, employee or attorney of the Municipality, in his or her individual capacity, and neither the members of the Corporate Authorities nor any other official or employee of the Municipality shall be liable personally under this Agreement or be subject to any