R2026-03 Resolution Authorizing Execution of a Development Agreement with Decatur Northwest 2 LLC for a Commercial Solar Energy Facility

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Docusign Envelope ID:72698083-05EB-411 E-8748-4891C7223E7F EXHIBIT A DEVELOPMENT AGREEMENT (Decatur, IL—Solar Facility) THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the Effective Date (being the last date of execution by the parties), by and between DECATUR NORTHWEST 2, LLC, an Illinois limited liability company ("Developer"), and the CITY OF DECATUR, ILLINOIS, a municipal corporation(the"City"). RECITALS A. WHEREAS, Developer represents that it has an equitable and/or legal interest in the parcel of real property legally described as follows(the "Property"): Lot One(1) of"Eads Family Trust Addition"subdivision, described as follows: THE SOUTH ONE-HALF (1/2) OF THE NORTH 56.62 ACRES OF THE EAST ONE- HALF (1/2) OF THE SE QUARTER(1/4) OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE 3RD PRINCIPAL MERIDIAN, CONTAINING APPROXIMATELY 28.31 ACRES,MORE OR LESS.AND BEGINNING AT THE SOUTHEAST CORNER OF SECTION TWENTY-NINE (29), TOWNSHIP SEVENTEEN (17) NORTH, RANGE TWO (2) EAST OF THE THIRD PRINCIPAL MERIDIAN, AND RUNNING IN A NORTHERLY DIRECTION 774.2 FEET, THENCE WEST 1310.1 FEET, THENCE SOUTH 772.3 FEET, THENCE EAST 1314 FEET TO THE PLACE OF BEGINNING. B. WHEREAS, Developer seeks to construct, operate, and maintain a commercial-scale solar energy facility("Solar Facility") on the Property; and C. WHEREAS,the requested rezoning from R-1 Single Family Residence District to M-1 Intense Commercial/Light Industrial District raises concerns regarding long-term land use impacts and the potential permanence of non-residential infrastructure; and D. WHEREAS, to mitigate such risk, the City is requiring the Developer to execute a Development Plan; and E. WHEREAS, the Plan Commission of the City, being a commission duly designated by the Corporate Authorities for such purpose has, on November 6, 2025, held a public hearing on the proposed ordinance with the requirements described herein; and F. WHEREAS, in conjunction with the development of the Property, the Developer has agreed that it will provide a Decommission Plan with the City of Decatur as described in Section 2 Decommission Plan; and G. WHEREAS, the parties desire to enter into this Agreement to evidence the terms, conditions, and mutual covenants herein; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. SOLAR DEVELOPMENT PLANS.