R2022-162 Resolution Authorizing Amendment to Intergovernmental Cooperation Agreement with Decatur Metropolitan Exposition, Auditorium and Office Building Authority Regarding Solar Canopy Project

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SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT WITH DECATUR METROPOLITAN EXPOSITION, AUDITORIUM AND OFFICE BUILDING AUTHORITY REGARDING SOLAR CANOPY This Second Amendment to the Intergovernmental Cooperation Agreement dated November 24, 1980 between the City of Decatur, Illinois, an Illinois municipal corporation ("City") and the Decatur Metropolitan Exposition, Auditorium and Office Building Authority, an Illinois unit of local government commonly r feed to as the ecatu3vic Center Authority ("Authority") is made and entered into this day of ��' Q� , 2022 by the above parties, wherein the parties stipulate as follows: WHEREAS, the City and the Authority entered into an Intergovernmental Cooperation Agreement dated November 24, 1980 ("IGA") for the purpose of describing the use and occupancy by the City of that portion of the Authority's facilities as described in said Agreement designated as an office building to be used by the City as a municipal office building, including the use and occupancy of the parking lot areas; and, WHEREAS, the City and the Authority entered into a First Amendment to the Agreement on February 19, 2013 (First Amendment") for the primary purpose of providing parking pursuant to a redevelopment agreement between the City and a nearby business; and, WHEREAS, pursuant to the IGA and First Amendment, the City leases a significant portion of the parking areas of Authority; and, WHEREAS, the City and Authority use a significant amount of energy for their respective operations on Authority property; and, WHEREAS, the City is desirous of entering into an agreement with Hawk-Attollo ("Seller") for a Power Purchase Agreement ("PPA") for the construction of a solar canopy project ("Project") on Authority's parking areas in an effort to reduce energy costs for the City and Authority; and, WHEREAS, the Project will require construction, occupancy, placement, modifications, alterations and additions to the Authority's parking areas; and, WHEREAS, the Project will require Agreements with Seller for power provided to the Authority's facilities; and, WHEREAS, the Project will require Agreements for Interconnection of Distributed Generation Facilities with Ameren Illinois Company, an Illinois corporation("Ameren"); and, WHEREAS, the City and Authority are desirous of entering into this Second Amendment to the Agreement ("Second Amendment") to provide for the construction, occupancy, placement, modifications, alterations and additions to the Authority's parking areas. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: