R2019-120 Resolution Authorizing Agreement City of Decatur, Illinois, Near West Side Restoration and Preservation Society, 1004 W. Wood St.

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RECEIVERSHIP AGREEMENT WHEREAS, on September 25, 2018, the City of Decatur, lllinois ("City") filed a Complaint in the Circuit Court of Macon County, IL, Case Number 2018-OV-226, against Donald A. Schmutz ("Owner") alleging that the structure located at 1004 W. Wood Street, Decatur, IL ("Premises") failed to conform to the minimum standards of health and safety as set forth in the City ordinances and codes; and WHEREAS, on May 22, 2019, the Circuit Court entered an Order against Owner requiring Owner to make all necessary repairs to the Premises to conform to the minimum standards of health and safety as set forth in the City ordinances and codes within thirty (30) days of the Order; and WHEREAS, Owner has failed to comply with the Circuit Court's Order; and, WHEREAS, the Near West Side Restoration and Preservation Society ("NWRAPS"), an Illinois not for profit corporation, desires that the Premises be rehabilitated, repaired and restored and is willing to be appointed Receiver pursuant to 65 ILCS 5/11-31-2 and assume all duties and responsibilities thereunder with respect to the Premises; and WHEREAS, NWRAPS is further willing to indemnify and hold the City harmless from any costs or liabilities resulting from its appointment as Receiver. NOW, THEREFORE, for and in consideration of the promises contained herein, the City and NWRAPS ("Parties") agree as follows: l. Upon the furnishing to the City of a plan showing the availability of financing and a reasonable schedule for the rehabilitation, repairs and restoration of the Premises not later than eighteen (18) months from the date of this Agreement, said plan to be so furnished within one (1) month of the date of this Agreement, the City will petition the Macon County Circuit Court for the appointment of NWRAPS as Receiver for the Premises as described above. 2. NWRAPS shall maintain the property in a manner that prevents City from having to participate in any maintenance activity or use any public resources including but not limited to mowing and refuse removal within the directives set forth in City Code. 3. If the deadlines for rehabilitation, repairs and restoration of the Premises as required and agreed upon by the Parties are not met, the City may petition the Macon County Circuit Court to terminate any receivership previously granted to NWRAPS or pursue other remedies as allowed by law. 4. NWRAPS shall be responsible for all requirements for receivership set forth in any statutes including, but not limited to, accountings to the Court, preparation and filings of any and all liens or any other documents, preparation and filing of any and all legal