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<br /> WHEREAS, without the assistance of the City as set forth in this Agreement, the
<br /> Redeveloper would not undertake the Project in the City but would do so in another community; and
<br /> WHEREAS, consistent with the Redevelopment Plan and Redevelopment Area the City has the
<br /> authority under the Act to incur specified redevelopment project costs (as defined in the Act, "Eli ig ble
<br /> Redevelopment Project Costs") and to pay and/or reimburse the Redeveloper for such Eligible
<br /> Redevelopment Project Costs; and
<br /> WHEREAS, the City has determined that the Project requires the incentives requested as set
<br /> forth in EXHIBIT 3 and that the Project will as a part of the Redevelopment Plan and Redevelopment
<br /> Project,promote the health,safety and welfare of the City and its citizens by attracting private investment
<br /> to prevent blight and deterioration and to provide employment and generally to enhance the economy of
<br /> the City.
<br /> NOW THEREFORE, in consideration of the promises and mutual covenants and
<br /> obligations of the parties contained herein, and other good and valuable consideration, the receipt and i
<br /> sufficiency whereof are hereby acknowledged, the parties hereto, intending to be legally bound,
<br /> hereby covenant and agree as follows: ,
<br /> ARTTCLE I: DEFINITIONS. Certain terms used in this Agreement including any exhibits, '�
<br /> amendments or addenda thereto shall have the following meanings unless their content or use �
<br /> clearly indicates otherwise:
<br /> "Act" means the Tax Increnzent Allocation Redevelopment Act, 6S ILCS S/11-74.4-1 et seq
<br /> as it may be amended from time to time.
<br /> "Agreement" means this City of Decatur/FirsTech Redevelopment Agreement, complete with
<br /> all schedules and exhibits attached hereto, as it may be amended or supplemented from time to
<br /> time.
<br /> "Applicable Law" means all laws, statutes, acts, ordinances, rules, regulations, permits,
<br /> licenses, authorizations, directives, orders and requirements of all Governmental Authorities,
<br /> that now or hereafter during the term of this Agreement may be applicable to the City, the
<br /> Redeveloper, andlor the Project, and the construction, maintenance, use and operation
<br /> thereof, including those relating to employees, zoning, building, health, safety, hazardous
<br /> materials, and accessibility of public facilities.
<br /> "Completion of Construction" means complete construction, except for minor and ancillary
<br /> alterations or additional work, so as to be available for the issuance of a certificate of occupancy
<br /> pursuant to codes of the City.
<br /> "Construction Plans" mean construction documents that are complete for construction of the
<br /> Project or any separate and distinct functional phase or part thereof and which will allow for the
<br /> issuance of all Permits for the construction of the Project or any phase or part thereof required by
<br /> all governmental agencies having jurisdiction over the construction of the Project.
<br /> "Exterior Architectural Appearance" means the architectural character, general
<br /> composition and general arrangements of the exterior of the Project, and the adjacent plazas
<br /> and pedestrian areas, including the kind, color and texture of the building material and the
<br /> CITY OF DECATUR/FirsTech Red. Agreement 2
<br /> Page 102 of 161
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