R2022-48 Resolution Authorizing Lake Decatur Lease Agreement between the Decatur Park District, G & H Marine, Inc., and the City of Decatur

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consent of City and DPD. G&H, at its sole cost, shall comply with all laws relating to G&H's storage,use and disposal of hazardous or toxic materials. G&H shall be solely responsible for and shall defend, indemnify and hold City,DPD and their agents and employees harmless from and against all claims, costs and liabilities, including attorney's fees and costs, arising out of or in connection with the G& H storage,use or disposal of any toxic or hazardous material in, on or about the Premises including,but not limited to,removal, clean-up and restoration work and materials necessary to return the Premises, and any other property of whatever nature located on the Premises, to their condition existing prior to the appearance of toxic or hazardous materials on the Premises. G&H's obligations under this paragraph survive termination of this Agreement. 27. NOTICES. Any notice hereunder shall be sufficient if sent by certified mail as follows: City of Decatur Decatur Park District G &H Marine, Inc. Attn: City Manager Attn: Executive Director Attn: Registered Agent 1 Gary K. Anderson Plaza 620 E. Riverside Ave. 2194 S. Imboden Ct. Decatur,IL 62523 Decatur, IL 62521 Decatur, IL 62521 CC: Corporation Counsel CC: Edward F. Flynn 1 Gary K. Anderson Plaza P.O. Box 1760 Decatur, IL 62523 Decatur, IL 62525 28. QUIET POSSESSION.City and DPD agree, so long as G&H fully complies with all of the terms,covenants and conditions contained herein, G&H shall and may peaceably and quietly have,hold and enjoy the Premises for the Term,it being expresslyunderstood and agreed that the covenant of quiet enjoyment shall be binding upon City and DPD, its heirs, successors or assigns. 29. LEGAL AUTHORITY.The undersigned, as authorized representatives of the parties, covenant and represent that each has full right,title,power and authority to make, execute and deliver this Agreement. 30. BANKRUPTCY. Neither this Agreement nor any interest therein nor any estate created hereby shall pass to any trustee or receiver in bankruptcy or to any other receiver or assignee for the benefit of creditors by operation of law or otherwise during the Term or any renewal thereof. 31. SUBORDINATION. The Agreement, G&H's leasehold interest under the Agreement, and all improvements constructed pursuant to the Agreement, shall never, in any respect,be subject and subordinate to any mortgage,note, lien, mechanic's lien,or other agreement or encumbrance arising out of G&H's acts or omissions. 8 3/11/2022