R2009-228 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT

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2.4 Certif�cate of Completion. Promptly after Substantial Comptetion of consh•uction of the Pcoject or any phase thereof and upon request of the Redeveloper, the City witl execute and deliver to the Redevetoper a cei�tificate of completion. Said instrument of certification by the City shail be(and it shall be so provided in the certi�catio�i itsel fl a coi�clusive determination of satisfaction with respect to the obligations of the Redeveloper and its successors and assigns that the construction of the Project or any phase thereof i�as been Substautially Complete in accordance witli the pt•ovisions of this , Agreement. 2.10 Form of Certificatian. The certification provided fot• in Section 2.10 shall be in such form as will enable it to be c•ecorded in the Office of tlie Recorder of Deeds, Macon County, [llinois. If the City refuses or fails to provide any certification in accordance with the provisions of this Agreement, the City shall, within fifteen (15) days atter n wcitten request by the Redeveloper, provide the Redeveloper with a wrrtten stateme t indicating in adequate detail in which respects the Redeveto�er has failed ta Su6stantially Complete construction of the Project in accordance with the provisioiis of this Agreement, or is otherwise in default, and what measures or steps will be necessaty, in the opinion of the City, for the Redevelopec to take or perform in order to obtain such certification. Said certification as provided herein shall not be unreasonably withheld by the City and the Project shall be deemed approved if the City fails to confonn to the provisions of Section 2.9 and this Section 2.10. 2.11 Quality of Construction and Conformar�ce to Federal, State and Local Requi�•ements. All work with respeet to the Project shall conform to Applicable Law including,but not limited to,design standat•ds,environmental codes and life safety codes. The Redeveloper shall cause the constivetion of the Project to be commenced and to be pi•osecuted witli due diligence and in good faith in aecordance with the tei•ins of this Agreetnent, and without delay and shall cause the Project to be constructed in a good and workmanlike manner in accordance witl� tlie Construction Plans and the Final Site Plan. If the Pcoject is constc•ucted in compliance with the Const�•uction Plans as approved pursuant to Section 2.6 above, it wiil be deemed to be in conformance with Building Codes of the City. 2.12 Utilities. Except as otherwise provided in this Agreement, all arrangements for utiIities must be made by the Redeveloper with the applicable utility company. The City makes no representations whatsoever with respect eo the adequacy or availability of utilities with respect to the Project or P�bject Site; however, the City, if requested by the Redevelopec, shall make reasonable effoi�ts to assist in obtainiug utility i•ights,appcovals and pei�nits, 2.13 Liability Insurance Prior to Completion. PTIOI'�O C011l1T18I1C81110rit Of COL1St1'UCt1011 Of the Project or any phase thereof, the Redeveloper or the Redeveloper's contractor shall procure and deliver to the City, at the Redeveloper's or such contractor's eost and expense, and shall maintain in full force and effect until each and eveiy obligation of Redeveloper contained herein has been fully paid, or perfor�ned, a policy or policies of compreliensive liability insurance and dw•ing any period of co��struction, contractor's liability insucance, structural work act insuranee and workmen's compensation insurance, witli liability coverage undec the comprehensive liability insurance to be not less thau One Million{$1,d00,000}Dollars each occuirence and Five Million($5,000,000) Dollars total, all sucl� policies to ba in such fortn and issued by such eompatiies as shall be reasouably acce�table ta tlie City to protect City and Redeveloper against any liability City of Decatur/Pines Shoppin�Center Redevelopment Agreement 5