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:72B98083-05EB-411 E-8748-4891 C7223E7F 1.1 Decatur Northwest 2 Commercial Solar Energy Facility(PIN:07-07-29-476-004). Developer intends to construct a 3.75-MW Solar Energy Facility to encompass approximately 15.14 acres of a 24.64-acre parcel as shown in the Draft Site Plan. Construction shall not begin until a final site plan has been provided to and approved by the City showing compliance with all applicable state, federal and local laws and regulations. 1.2 City Permits. Developer shall apply for all applicable City building permits and shall not commence construction until the applicable building permits are issued by the City's Building Inspection Division. 1.3 State Permits. Developer shall apply for all applicable State permits and shall not commence construction until the applicable building permits are approved and provided to the City. 1.4 Agricultural Impact Mitigation Agreement. Developer shall submit to the City an Agricultural Impact Mitigation Agreement(AIMA) executed between the Developer and the Illinois Department of Agriculture. All impacted agricultural land,whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the Developer pursuant to the terms of the AIMA. 1.5 Maintenance and Reporting. Developer shall submit an Operation and Maintenance Report every five(5)years, including repairs, complaints, service calls, and insurance status. 1.6 Re-Certification Requirements. Modifications that alter mechanical load or major electrical components require re-certification, except like-kind replacements. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require re-certification. 2. DECOMMISSION PLAN AND FINANCIAL ASSURANCE. 2.1. Decommission. The Developer shall at its expense complete deconstruction of the Solar Facility within twelve(12)months after the end of the useful life of the Solar Facility. (1) Provisions triggering the decommissioning of any portion of the Solar Facility shall include the following and shall be a default: (i) the Developer dissolves or abandons the Solar Facility; (ii)if any part of the Solar Facility falls into material disrepair rendering the Solar Facility commercially non-operational for a period of at least six(6) consecutive months; (iii) or upon a documented violation of applicable nuisance, weed control, or health and safety ordinances as confirmed by court order of the City. (2) If deconstruction has not been completed within 12 months after the Solar Facility reaches the end of its useful life, it will be deemed abandoned.