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. . . <br /> FIRST AMENDMENT TO ANNEXATION AGREEMENT <br /> THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT amends and <br /> modifies an Annexation Agreement dated June 20, 1994 between the CITY OF <br /> DECATUR, ILLINOIS, a municipal corporation ("City"), PHEASANT RUN, LLC, an <br /> Illinois limited liability corporation ("Pheasant Run"), and DON WESTERMAN, INC., <br /> a Delaware corporation ("Westerman"); <br /> WHEREAS, a copy of the Annexation Agreement dated June 20, 1994 (the <br /> "Agreement"), is attached hereto marked Exhibit A; and <br /> WHEREAS, the Illinois Housing Development Authority (the "Authority") was <br /> unable to issue tax credits under the terms of Section 42 of the Illinois Revenue Code <br /> ("tax credits") for the Project described in the Agreement on or before September 17, <br /> 1994, as provided in paragraph 4 of the Agreement; and <br /> WHEREAS, Pheasant Run desires to extend the Agreement in order to obtain tax <br /> credits for the Project until March 17, 1995; and <br /> WHEREAS, the City agrees that the terms and conditions as contained in this <br /> First Amendment are reasonable and acceptable; and <br /> WHEREAS, a public hearing has been held and notice given of this First <br /> Amendment to Annexation Agreement as required by law. <br /> NOW THEREFORE, for and in consideration of the mutual promises and <br /> obligations made and assumed herein and in the Annexation Agreement and pursuant to <br />