R2022-07 Resolution Approving Agreement between the City of Decatur and Central Illinois Land Bank Authority Regarding American Rescue Plan Funds

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injury to any person, loss of life, or loss or destruction of property in any way arising out of or relating to the performance or operation of CILBA programs or operations use of ARP funds. Section 15. Under this agreement, CILBA shall act as an independent contractor of the City, and shall not bind nor attempt to bind the City to any contract or agreement. As an independent contractor, CILBA shall obtain building permits and inspections from the City, as needed, though the City may elect to waive some or all of the fees associated with such. Section 16. The City shall not be obligated to provide the funds to the CILBA until and unless CILBA satisfactorily performs all of its obligations under this Agreement and as the ARP funds would necessitate. Section 17. All Notices shall be in writing and delivered in person,or by overnight delivery service with receipt, or deposited in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, to the address set forth below, or at such other place as a party may designate by written notice to all parties. A Notice shall be deemed given: (i) if personally delivered, on the date delivered; (ii) if by overnight delivery service, on the date delivered to the addressee; and(iii) if by mail,three (3)days after mailing. To City: City Manager City of Decatur #I Gary K. Anderson Plaza Decatur, IL 62523 To CILBA: Executive Director Central Illinois Land Bank Authority 201 N. Vermilion St. 2nd Fl. Danville, IL 61832 Section 18. This Agreement will be binding upon and inure to the benefit of the parties, their permitted assigns, and successors. Section 19. Failure of either party to require strict compliance by the other party with any provision of this Agreement on one or more occasions will not constitute a waiver of the right to require strict compliance with the provision on any later occasion. Section 20. This Agreement will be governed by and construed in accordance with the laws of Illinois. Exclusive venue for all proceedings regarding this Agreement shall be Macon County, Illinois. Section 21. Any modification of this Agreement or additional obligations assumed by either party in connection this this Agreement will be binding only if evidenced in writing and signed by each party.