R2022-38 Resolution Authorizing Real Estate Agreement-Angle Court

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erosion control and stabilization work shall be performed by Buyer and shall require a permit from the City prior to the start of construction. Sheet piling is an acceptable form of shoreline erosion control and stabilization work. d. Any future shoreline erosion shall require remedial action by Buyer. All shoreline erosion control and stabilization work shall require a permit from the City prior to the start of construction. 12.Notice given or required in this Agreement or any addendum must be given in writing in one of the following forms: (i) Personally; (ii) By certified mail,return receipt requested,properly addressed and all charges prepaid;or, (iii) By express delivery with charges prepaid and addressed to the appropriate party at the address set forth below. All notices shall be deemed to have been received on the date of personal service or on the 3rd day following date postmarked. Notice must be served upon or addressed to any one of the City's or any one of the Buyers personally unless specified otherwise. Notice by any other means is not valid. Buyer's current address is: 1355 N.State Highway 121,Mt.Zion,IL 62549. Phone#217-519-5056 City's current address is: City of Decatur,Illinois c/o City Manager,One Gary K. Anderson Plaza,Decatur,IL 62523 Phone#217-424-2801 13.City and Buyer represent to each other that each has retained and relied or had the Opportunity to retain and rely on its own legal counsel,accountants and other professional advisers in connection with the negotiation,execution,and performance of this Agreement and its consequences,including,without limitation, tax consequences. City and Buyer represent to each other that any such professional fees and expenses incurred in connection with this Agreement and its performance or in any other regard,shall be the sole obligation of that party,andeach party shall pay its own expenses related to this Agreement and performance of its respective obligations hereunder.. 14.Where"now"or"this date"is used,the latest date of signing is intended. Time is of the essence in the performance of this agreement. All agreements and warranties of this agreement,unless fully performed, survive the execution and delivery of the deed. The date of this agreement is the latest date of signing. 15.The parties agree,that any signed and electronically transmitted copy of this Agreement by the party shall be binding on the parties and enforceable as original,such as(email,pdf,facsimile,etc.). 16.Buyer is advised to review all easements,government regulations and restrictions before entering into this Agreement and to seek legal advice if assistance is required. 17.This Agreement contains the entire understanding of the parties hereto in respect of the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter there being NO ORAL REPRESENTATIONS. Buyer represents that Buyer has been advised by City to consult an attorney prior to signing this Agreement and acknowledges that it has read and understands each and every part of this Agreement. 18.The warranties and agreements contained herein shall extend to and be obligated upon the heirs, 3