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RESOLUTION NO.R2 013.19 <br /> RESOLUTION AUTHORIZING SECOND AMENDMENT TO <br /> CITY OF DECATUR/PINES SHOPPING CENTER REDEVELOPMENT AGREEMENT <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: <br /> Section 1. That the Second Amendment to City of Decatur/Pines Shopping Center <br /> Redevelopment Agreement (sometimes herein "Amendment") approved by Resolution R2009-236 <br /> and presented to the City Council herewith between the City of Decatur, Niemann Foods, Inc., and <br /> Niemann Holdings, LLC, be, and the same is hereby, received,placed on file, and approved. <br /> Section 2. That this redevelopment agreement between the City of Decatur and Niemann <br /> Holdings, LLC, dated November 30, 2009, entitled "City of Decatur/Pines Shopping Center <br /> Redevelopment Agreement" ("Agreement") is being amended to add Niemann Foods Inc. as a party <br /> to the original redevelopment agreement as "Redeveloper" to the Agreement and to alter Article IV, <br /> Public Investment, Section 4.1 (a) and 4.1 (b) to change the dates for reimbursement for eligible <br /> project costs. <br /> Section 3. That said amendment is allowed pursuant to the Agreement, section 10.4, <br /> Assignment to Affiliated Entity, which reads "Nothing herein shall be construed to prevent the <br /> Redeveloper from assigning its interest in this Agreement to an affiliated entity owned or controlled <br /> by the Redeveloper or a majority of the owners of the Redeveloper, provided that such entity or its <br /> guarantors has the financial capacity to perform the obligations of the Redeveloper pursuant to this <br /> Agreement and such entity in writing assumes such obligations and conditions in compliance with <br /> the terms and conditions set forth in Section 10.1.2(a)through (d) of this Agreement.'" <br /> Section 4. That the Mayor and City Clerk, be, and they are hereby, authorized and directed to <br /> sign, seal and attest said Second Amendment in substantially the same form as presented on b f of <br /> the City of Decatur, Illinois. <br /> PRESENTED and ADOPTED this 4th day of March 2013. <br /> ATTEST: <br /> 414d_ <br /> A S, T , CI C ERK ROY, R <br />