R2013-35 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT

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EXHIBIT 4 i Prepared By: Jack B. Teplitz Jack B. Teplitz&Associates 331 Fulton St., Ste. 525 Peoria,Illinois 61602 After recording return to: Wendy Morthland Corporation Counsel. City of Decatur 62523 DECLARATION OF COVENANTS,USES AND RESTRICTIONS Niemann Holdings,LLC_an Illinois limited liability company_(the "Declarant"), is the owner of certain real property located in the City of Decatur,the County of Macon,the State of Illinois,more fully described in Exhibit A attached hereto and made a part hereof(the"Project Site"). I The Declarant has entered into the City of Decatur/Grand Avenue TIF Redevelopment Agreement(the "Agreement")dated as of ,2013,with the City of Decatur(the "City"). The Agreement provides that the Declarant shall develop a project as described in the Agreement(the "Project")on the Project Site,which Project will further the development of the City of Decatur,Illinois Grand Avenue TIF Tax Increment Redevelopment Plan adopted by the City ,2013 (the "Plan"). The Plan was recorded with the Macon County Recorder on ,2013 as Document No. . For the purpose of enhancing and protecting the value,the attractiveness and the desirability of the Project as developed pursuant to the terms of the Agreement;for the purpose of protecting the rights of the City pursuant to the terms of the Agreement;and for the purpose of enhancing and protecting the purposes of the Plan as aforementioned,the Declarant hereby declares that all of the Project and Project Site and each part thereof shall be held,sold,and conveyed only subject to the ffollowing covenants,uses and restrictions,which shall constitute covenants running with the land and shall be binding on all parties having any rights,title or interest in said property or any part thereof,their heirs,successors and assigns,and shall inure to the benefit of each owner thereof. 1. The Project Site and the Project shall be subject to the Agreement and the terms,covenants, building and use restrictions,and conditions in the Plan. 2. The Declarant agrees that the Declarant shall not discriminate in violation of all applicable federal,state or local laws or regulations upon the basis of race, color,religion,sex,age,national origin or other applicable factors in the sale, lease or rental or in the use or occupancy of the Project Site or Project or any part thereof. 28