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�. . 1 <br /> • . AMENDMENT TO DEVELOPER'S AGREEMENT <br /> Y <br /> WHEREAS, the City of Decatur, Illinois, a Municipal Corporation(CITY), and Real <br /> Estate Investors of Decatur, LLC, an Illinois Limited Liability Company(REID), entered into a <br /> Developer's Agreement on or about the 2"d day of April, 2002; and <br /> WHEREAS, CITY and REID entered into an Addendum to the Developer's Agreement <br /> on or about the 6th day of May, 2002; and <br /> WHEREAS, the original Agreement and the Addendum to the Agreement provides that <br /> REID intends to improve the Holiday Inn by the addition of a water park and to develop the <br /> adjacent property with various commercial and retail outlets to compliment the Holiday Inn <br /> development; and <br /> WHEREAS,the Agreement provides that REID shall be responsible for constructing the <br /> roads and infrastructure improvements subject to infrastructure cost reimbursement; and <br /> WHEREAS, in the first paragraph of the Agreement,REID is required to provide <br /> complete engineering plans and drawings for the roads and infrastructure, the plans are required <br /> to show street lighting of the kind similar to that located on West Main Street adjacent to the <br /> campus of Millikin University. <br /> NOW,THEREFORE, for and in consideration of the provisions hereof,the CITY and <br /> REID agree as follows: <br /> 1. The last sentence of paragraph 1 of the Agreement shall read as follows: "The <br /> Plan shall also show street lighting using Illinois Power's 30-feet high double rectangular fixtures <br /> all in the medians throughout Holiday Harbor Subdivision and lower profile ornamental "accent" <br /> lights (Sternberg Fairfax Fixture) at the crossing of each side of the access drives individually <br /> metered to their respective lots." <br /> 2. The recital provisions set forth above are part of this agreement for reciting the <br /> history and to determine the intention of the parties. <br /> 3. The Developer shall proceed forward with the construction of an indoor <br /> waterpark substantially in accordance with Exhibit A hereto. <br /> 4. That all other terms of the original Developer's Agreement and Addendum shall <br /> remain in full force and effect with the exception of the two modifications set forth above. <br /> Dated this 15t''day of September, 2003. <br /> Cit atur, a Municipal Corporation Real Estate Investors of Decatur, LLC, <br /> an Illinois Limited Liability Company <br /> �� By: <br /> Mayor Its Member <br /> ATT . WITNESS: <br /> �— � ,. <br /> � - � By: _ - <br /> City Clerk <br />