R2020-172 Resolution Authorizing Redevelopment Agreement-City of Decatur, Illinois and InnovaFeed

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5.2 Operation and Maintenance of the Project. The Developer for itself and its successors and assigns to the extent it retains ownership covenants that it will maintain the Project in good condition (reasonable wear and tear excepted)during the term of this Agreement. The Developer shall operate the Project in a professional manner and will do all things reasonably necessary to operate the Project in substantial compliance with Applicable Law. ARTICLE VI:DEVELOPER COVENANTS AND RESTRICTIONS 6.1 Project Subject to Development Agreement. The Developer agrees to comply with the terms and conditions of this Agreement and to use its best efforts to construct the Project subject to the terms,covenants,building and use restrictions,and other conditions in this Agreement. 6.2 Non-discrimination. The Developer shall not discriminate in violation of any applicable federal, state or local laws or regulations upon the basis of race, color, religion, sex, age, or national origin or other applicable factors in the sale,lease or rental,or in the use or occupancy of the Project or any part thereof. 6.3 Property Taxes. Developer acknowledges that the City in executing this Agreement has relied upon its reasonable expectation that the construction and operation of the Project will increase the amount of real property taxes with respect to the Project and the Project Site. Except for those benefits set forth in Section 2.17,the Developer covenants that in the event it applies for,seeks,or authorizes any exemption from the imposition of general real property taxes on the Project or Project Site,or any portion thereof,and,as a result thereof,the property taxes are not or will not be paid with respect to the Project or the Project Site,or a portion thereof,the City,no less than sixty(60)days after written notice to the Developer,shall be entitled to rescind the grant of benefits by the City to the Developer pursuant to this Agreement and after such rescission the Developer shall promptly reimburse the City for the cost of all the benefits granted by the City to the Developer pursuant to this Agreement that have theretofore been received by the Developer. Notwithstanding the above, if, within sixty (60) days following the receipt of the written notice from the City to the Developer, the Developer takes such action as is necessary to void such application for, attempt for,or authorization of such exemption from the imposition of general real property taxes on the Project or the Project Site, or a portion thereof, the City's right to rescind, pursuant to this provision, the grant of benefits shall be null and void and the Developer shall not be obligated to convey, repay or otherwise reimburse the City for any benefits granted and received pursuant to this Agreement. Nothing herein shall be construed so as to prevent the City from enforcing any other rights it may have pursuant to this Agreement. Also, nothing herein shall be construed so as to prevent the Developer from otherwise contesting the assessment or collection of any real property taxes under procedures set forth in the laws of the State of Illinois or any political subdivision thereof, provided that the Developer gives the City fifteen(15) days prior written notice of its intent to contest the assessment or collection of real property taxes; provided, however, that the Developer covenants and agrees that nothing contained herein shall relieve the Developer from complying with all laws, rules and regulations of the State of Illinois and any political subdivision thereof pertaining to the levy and collection of said general real estate taxes. This Section 6.3 shall be an obligation of the Developer(or assignee of the Developer or