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. .. . ... ... Boti#�: �3� P�g+�: 134 <br /> AM�NDMENT <br /> T�iT.9 AN�iDMENT("AmendmenY�is entcred into this day of .2018 between the <br /> C]'I'Y OF DBCATUR,an Itlinois tnuutcipa!corporallon(hereina8er referred to as the"C1ty")and MDA PROPERTIES, <br /> LLC,an Iliinois Limited Liability Corporation,(herein referred to as the"Developer"). <br /> WHEREAS,tha City aod Devetoper entececl into an agreement dated Aptil t7,2017 and amended December 4, <br /> 2017 regardiag property in�ecatur,Ttlinais as more partiaularly described[n the agreement;and <br /> WHEREAS,The Develaper has either completed or will have campleted the majority af the projects as are <br /> required in the sgraement by August 31,2028 as is stiputated in the amended agrcement and expects to only need to <br /> complete environmenta!remediation and the paving of an slley to satlsfy the agreement;and <br /> WHEItEAS,the DevelQper expeds to completa remediation in 2U18 bnt thc timing will delay necessary <br /> eonstruction ofa retaining wail and potentially delay aUey c�nstruction until after We alose ofthe 2018 constructIon <br /> season;and <br /> WHEREAS,the developer has clearly shown a gaod faith eff�rt in comgieting this project and in arder to <br /> facilitate the addifianal development outside oP what is requtred by thIs agreament,the City and the Developer desire to <br /> amend eertain terms and condtdons In the agreement as provided In this Amendmeat. <br /> NOW,TH�FORE,in consideratlon of the promises and mutuaJ covenants and obtigations of the parties <br /> contained 1n the agreement,and other gaod and valuable consIderation,ihe receipt and sufficiency wher�of are hereby <br /> aclmowledged,the parties hereto,itttending to be legally bound,hereby covenant and agree as fallaws: <br /> l. The periods to satisfy ar waive the condittotts deserlbed in Paragraphs 2,2,3,4 and S are extended so that they <br /> shai!now expire on May 31,20]9. <br /> 2. Atl capitalized terms in this Amendment sha{t have the meaning given to them in the Contract,unless given a <br /> different meaning in this Amendment, <br /> 3. As modified alsove,al!of the zemaiader of the Contraci is ratified and co�irmed and remains In fuli force and <br /> eff'ect. <br /> IN WITNESS WHERE(3F,the parties hereto have executed tl�is Agreement and caused their respective seals to <br /> be affixed and attested thereto as of the date first above written <br /> CITY'OF DECANR,ILLINOIS, <br /> an Illin unicipal corporation <br /> By:� d�,�=� <br /> � J ' oor�Wolfa,Mayor-City o <br /> A 4 <br /> e ra Bright,City ` rk <br /> MAIN PLACE PROPERTTES <br /> an lllinois Limited Li i y any <br /> .• <br /> $Y� _� <br /> Itx�� r-- <br /> _____T��`���� <br /> Its� <br /> Page 186 of 290 <br />