R2024-03 Resolution Authorizing a TIF Redvelopment Agreement between the City of Decatur and County Line Plaza, LLC

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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. 7.3 Property Taxes. Redeveloper 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. The Redeveloper 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 Redeveloper,shall be entitled to rescind the grant of benefits by the City to the Redeveloper pursuant to this Agreement and after such rescission the Redeveloper shall promptly reimburse the City for the cost of all the benefits granted by the City to the Redeveloper pursuant to this Agreement that have theretofore been received by the Redeveloper in advance of the generation of tax increment. Notwithstanding the above, if, within sixty(60) days following the receipt of the written notice from the City to the Redeveloper,the Redeveloper 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 Redeveloper shall not be obligated to convey, repay or otherwise reimburse the City for any benefits granted and received pursuant to this Agreement related to the loss of Tax Increment. 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 Redeveloper 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 Redeveloper 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 Redeveloper covenants and agrees that nothing contained herein shall relieve the Redeveloper 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 7.3 shall be an obligation of the Redeveloper(or assignee of the Redeveloper or subsequent Owner of the Project or Project Site or any portion thereof, as the case may be) only during the period that the Redeveloper(or assignee of the Redeveloper or subsequent Owner of the Project or Project Site or any portion thereof,as the case may be)owns a direct or indirect interest in the Project or Project Site or any portion thereof. 7.4 Duration of Covenants. It is intended and agreed that the covenants provided in Sections 7.1 and 7.3 of this Agreement shall remain in effect until such time as Redeveloper has received reimbursement of all Project Costs or the expiration of the TIF(as extended) and that the covenants provided in Sections 7.2 hereof shall remain effective without any time limitation;provided,that all such covenants shall be binding on the Redeveloper only for such period as the Redeveloper maintains a direct interest in the Project Site or the Project or part thereof (excluding, for example, an interest therein solely as a creditor or mortgagee), and only with respect to such direct interest in the Project Site or the Project or part thereof. 7.5 Covenants Running with the Land. Subject to Section 7.4,it is intended and agreed that the covenants set forth in Sections 7.1, 7.2 and 7.3 above shall be covenants running with the land and Sections 7.1 and 7.3 shall in any event be binding to the fullest extent permitted City of Decatur/County Line Plaza Redevelopment Agreement 8