R2026-17 Resolution Approving a Development Agreement by and between the City of Decatur, Illinois and Broadwing Energy, LLC

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Docusign Envelope ID:6745F9B5-2632-47E9-B6E5-4177613AB6B5 All of the recitals contained in the Preambles to this Agreement are hereby incorporated into this Agreement as if restated in this Section. Section 2.Obligations of the Developer. A. The Developer will be responsible for reasonable costs actually incurred for materials specified in project design documents,contractor labor and supervision costs,transportation, and contractor change orders approved by Developer in connection with the design and construction of the water main improvements necessary for the City to provide water service to the Project, including construction engineering and easement acquisition,currently estimated to be $25,000,000. The water main improvements consist of a pipeline from the intersection of Martin Luther King Jr Drive and Garfield Ave to the intersection of Brush College Rd and Hubbard Ave to increase the capacity. The total cost of the water main improvements shall not exceed $25,000,000 without advance written consent by Developer. B. The Developer will provide payment to the City within thirty(30)days upon receipt of City invoice, for expenses incurred by the City for the design and construction of the water main improvements,commencing the first month after design has begun and will continue until the project is completed. C.The Developer will be responsible for deeding,or causing the current landowner to deed, approximately 1.5 acres of the proposed sanitary sewer lift station site(the"Lift Station Property")and necessary force main and gravity sewer easements to the City of Decatur for $1.00 prior to City having any obligation to proceed with any and all design work necessary for the proposed sanitary sewer lift station site and necessary force main and gravity sewer easements. If this Agreement is terminated prior to the commencement of the construction of the proposed sanitary lift station,the City will promptly convey fee simple title to the Lift Station Property to Developer on terms and cost identical to those for which the Lift Station Property was deeded to the City. D.The Developer will be responsible for fifty(50)percent of the total reasonable cost actually incurred for materials specified in project design documents,contractor labor and supervision costs,transportation,and contractor change orders approved by Developer in connection with the design,construction and easements of the sanitary sewer lift station and force main necessary for the City to provide sewer service to the Project with a design sizing of a minimum of 3 mgd,currently estimated to be Twelve(12)Million Dollars. Such total cost shall not exceed$12,000,000 without advance written consent by Developer. E.The Developer will provide payment to the City within thirty(30)days upon receipt of City invoices, during the design and construction of the sanitary sewer lift station and force main including fifty (50)percent of the past and future costs actually incurred with the current $1,388,660 design agreement and continuing until the project is completed. Section 3.City's Obligations.