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-8748-4891 C7223E7F 2.2 Decommission Plan. Developer shall provide a Decommission Plan prepared by a professional engineer at the Developer's Expense,that includes: (1)the estimated deconstruction cost, in current dollars at the time of filing, for the Property, considering among other things: i. the number of solar panels, racking, and related facilities involved; ii. the original Construction costs of the Solar Facility; iii. the size and capacity, in megawatts of the Solar Facility; iv. the salvage value of the facilities(if all interests in salvage value are subordinate to that of the Financial Assurance holder if abandonment occurs); v. the construction method and techniques for the Solar Facility and for other similar facilities; and (2) a comprehensive detailed description of how the Developer plans to pay for the deconstruction of the Solar Facility. 2.3 Financial Assurance. Developer shall provide a reclamation or surety bond or other commercially available financial assurance that is acceptable to the City,with the City as beneficiary, to cover 100%of the estimated costs of Decommission of the Facility as determined in the Decommission Plan. (1) The Financial Assurance shall not release the surety from liability until the Financial Assurance is replaced. The salvage value of the Facility may only be used to reduce the estimated costs of Deconstruction if the City agrees that all interests in the salvage value are subordinate or have been subordinated to that of the City if abandonment occurs. (2) The City may, but is not required to,reevaluate the estimated costs of Deconstruction of the Facility after the tenth anniversary of operation, and every five years thereafter. Based on any reevaluation, the City may require changes in the necessary Financial Assurance due from the Developer. If the City is unable to its satisfaction to perform the investigations necessary to approve the Deconstruction Plan filed by the Developer, then the City and Developer may mutually agree on the selection of a Professional Engineer independent of the Developer to conduct any necessary investigations. The Developer shall be responsible for the costs of any such investigations. (3) Upon abandonment, the City may take all appropriate actions, as identified in this Agreement, for Deconstruction including drawing upon the Financial Assurance. 3. DEFAULT AND REMEDIES.