R2026-04 Resolution Authorizing Development Agreement Between City of Decatur, Illinois and Decatur Northwest 1, LLC

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Docusign Envelope ID:72B98083-05EB-411 E-8748-4891C7223E7F (3) The Solar Facility shall be presumed to have reached the end of its useful life if the Solar Facility fails, for a period of six(6) consecutive months, fails to pay the Landowner amounts owed in accordance with an underlying agreement. (4) Deconstruction of the Solar Facility shall include the removal/disposition of all solar related equipment/facilities, including the following utilized for operation of the Solar Facility and located on the property: i. Solar panel, cells, modules; ii. Solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems; iii. Solar panel foundations, if used(to depth of 5 feet); iv. Transformers, inverters, energy storage facilities, or substations, including all components and foundations; however,underground cables at a depth of 5 feet or greater may be left in place; v. Overhead collection system components; vi. Operations/maintenance buildings, spare parts buildings and substation/switching gear buildings unless otherwise agreed to by the property owner; vii. Access Road(s)unless the property owner requests in writing that the access road is to remain; viii. Operation/maintenance yard/staging area unless otherwise agreed to by the property owner; and ix. Debris and litter generated by Deconstruction and Deconstruction crews. (5) Upon abandonment, the City shall have access to the Property for the purpose of affecting or completing decommissioning,provided that the City gives the Developer at least ten (10)business days' prior written notice specifying the intended activities, except in cases of emergency affecting public health or safety. (6) Upon abandonment, the City may access and utilize the Decommission Financial Assurance upon written notice to the Developer if the Developer fails to commence decommissioning of the Solar Facility in accordance with the approved Decommission Plan, within ten(10)business days after receiving written notice from the City. (7) The City and its authorized representatives shall have the right to enter the Solar Facility, upon reasonable advance written notice to the Developer, for the purpose of inspecting decommissioning activities. (8) If the City undertakes decommissioning pursuant to this Agreement,the City shall have the right to transfer removed Solar Facility materials to salvage firms in accordance with applicable law and the terms of the Decommission Plan.