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

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life safety and zoning regulations, and conformance with the Preliminary Plans and Final Site Plan. If the City disapproves the Construction Plans, the Redeveloper shall submit revised plans within a reasonable time from the date of rejection. Upon resubmission,the City shall review and approve or disapprove such revised plans within ten (10) days of submittal. This process shall repeat until the plans are approved by the City. 2.7 Amended Construction Plans. Prior to completion of the Project or any Phase thereof,if the Redeveloper desires to make any substantial change in the Construction Plans for a particular Phase which significantly affects the appearance,function,or structural integrity of that Phase,the Redeveloper shall submit the proposed change to the City for its approval. If the Construction Plans,as modified by the proposed change,conform to the requirements of this Redevelopment Agreement,meet Applicable Law and do not create a fundamental change in the nature, size or aesthetics of that Phase, the City shall approve the proposed change and notify the Redeveloper in writing of its approval. If the City disapproves of such change,it shall notify the Redeveloper in writing with specificity as to the reasons for the disapproval, in which event the Redeveloper may submit a revised change within a reasonable time thereafter. This process shall repeat until the revised plans are approved by the City or the change is abandoned by the Redeveloper. If such change is not so approved or rejected in writing within ten(10)working days of receipt of the submission to the City from the Redeveloper,such change will be deemed approved. 2.8 Commencement and Completion Requirements. 2.8.1 Commencement. The Redeveloper has completed Phase I of the Project and will use its best efforts to complete Phase 11 of the Project(which was commenced on July 11,2023)no later than March 1,2024.The Redeveloper shall work with the City to determine and agree upon a date to commence Phase 111,but as of the date of this Agreement is not otherwise under an obligation to commence Phase III by a specific date. 2.8.2 Completion. The Redeveloper shall use its best efforts to Substantially Complete construction of the Project with respect to any phase thereof, within twelve (12) months after commencement of construction or other mutually agreeable date, subject to obtaining appropriate financing. 2.9 Certificate of Completion. Promptly after Substantial Completion of construction of the Project or any phase thereof and upon request of the Redeveloper, the City will execute and deliver to the Redeveloper a certificate of completion. Said instrument of certification by the City shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction with respect to the obligations of the Redeveloper and its successors and assigns that the construction of the Project or any phase thereof has been Substantially Complete in accordance with the provisions of this Agreement. 2.10 Form of Certification. The certification provided for in Section 2.9 shall be in such form as will enable it to be recorded in the Office of the Recorder of Deeds, Macon County, Illinois. If the City refuses or fails to provide any certification in accordance with the provisions of this Agreement,the City shall,within fifteen(15)days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in adequate detail in which respects the Redeveloper has failed to Substantially Complete construction of the Project in accordance with the provisions of this Agreement, or is City of Decatur/County Line Plaza Redevelopment Agreement 4