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

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ARTICLE XIV: REPRESENTATIONS OF THE CITY The City represents,warrants and agrees as a basis for the undertakings on its part contained herein that: 14.1 Organization and Authorization. The City is a municipal corporation organized and existing under the laws of the state of Illinois,and has the power to enter into and by proper action has been duly authorized to execute,deliver and perform this Agreement. 14.3 Non-Conflict or Breach. Neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement,conflicts with or results in a breach of any of the terms, conditions or provisions of any restriction, agreement or instrument to which the City is now a party or by which the City is bound. 14.4 Pending Lawsuits. There are no lawsuits either pending or threatened that would affect the ability of the City to perform this Agreement. ARTICLE XV: MISCELLANEOUS 15.1 Prevailing Wages. In the construction of the Project the Redeveloper shall pay prevailing wages as determined pursuant to the Prevailing Wage Act of the State of Illinois, 820 ILCS 130 et seq and the Prevailing Wage Ordinance of the City subject to the following: (a) A listing of the current prevailing wage rates is available through the Illinois Department of Labor. (b) Contractors must comply with provisions of Public Act 93-38 which requires certain language pertaining to prevailing wage be inserted into subcontracts. A list of prevailing wages in effect must be posted at the Project Site. (c) The Redeveloper must submit certified payrolls, to the Department of Labor to assure the payment of prevailing wage. This requirement applies to all contractors and subcontractors working on the Project. The City reserves the right to interview contractor's employees on the job to ascertain compliance with this requirement. 15.2 Authorized Representatives. 15.2.1 Redeveloper. By complying with the notice provisions hereof,the Redeveloper shall designate an authorized representative from time to time, who, unless applicable law requires action by the Board of Directors of the Redeveloper,shall have the power and authority to make or grant or do all things,requests,demands, approvals, consents, agreements and other actions required or described in this Agreement for and on behalf of the Redeveloper. 15.2.2 City. By complying with the notice provisions hereof,the City shall designate an authorized representative from time to time, who shall communicate with the City of Decatur/County Line Plaza Redevelopment Agreement 16