R2004-53 AUTHORIZING REDEVELOPMENT AGREEMENT Olde Towne Lucas

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, �' � • , REDEVELOPMENT AGREEMENT �`� This Redevelopment Agreement (this "Agreement") is entered into thi��day of , 2004, by and between the CITY OF DECATUR, an Illinois home rule municipal corporation(the`gVlunicipality"), andLUCAS PROPERTIES,LLC (the"Developer"). PREAMBLE WHEREAS, the Municipality has the authority to promote health, safety and welfare, including to prevent the spread of blight and deterioration and inadequate public facilities by promoting the development of and private investment in industry, business and housing and enhancing the marketability of property,thereby increasing the tax base of the Municipality and reducing unemployment; and WHEREAS, the Municipality has by a series of ordinances (as supplemented and amended, the"TIF Ordinances") undertaken a program and plan of redevelopment of a designated area in the Municipality by the adoption of Tax Increment Financing ("TIF") and the adoption, approval and designation of the"Olde Towne Redevelopment Plan of the City of Decatur, Illinois"(the"Redevelopment Plan"), Redevelopment Project Area (the "Area") and Redevelopment Project (the "Redevelopment Project"), all pursuant to the Tax Increment Allocation Redevelopment Act, Illinois Compiled Statutes, Chapter 65, Section 5/11-74.4-1 et seq. (as supplemented and amended,the`Act"); and WHEREAS, pursuant to and in furtherance of the Redevelopment Plan, the Developer proposes to develop certain property within the Area (the"Development Area") as described in EXHIBIT � attached hereto and by reference made a part hereof; and WHEREAS, the Developer's proposed(i)public facilities ("Public Facilities")and/or(u) private development ("Private Development") project ((i) and (u) collectively, the "Development Project") are consistent with the land uses and the Redevelopment Plan and is located in the Development Area,wholly within the Area; and WHEREAS, the Developer has requested that incentives related to the Private Development be provided by the Municipality from incremental property taxes under Section 11-74.4-8 of the Act derived solely from the Development Area (subject to any prior pledge, the"Incremental Tages"), which incentives are consistent with those of the Redevelopinent Plan, and are set forth�IIBIT A; and WHEREAS, consistent with the Redevelopment Plan and Redevelopment Project the Municipality has the authority under the Act to incur specified redevelopment project costs (as defined in the Act, "Eligible Redevelopment Project Costs") and to pay and/or reimburse the Developer for such Eligible Redevelopment Project Costs; and � � WHEREAS, the Municipality by the TIF Ordinances has determiiied that all Incremental Taxes in the Redevelopment Project Area are to be allocated to and when collected shall be paid to the City Treasurer for deposit into the Special Tax Allocation Fund for the Area (including therein a special account with respect to the Development Area, the"Fund") for the purpose of payment of Eligible Redevelopment Project Costs; or debt service with respect to obligations; and