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R2022-189 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Macon County Conservation District
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R2022-189 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Macon County Conservation District
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11/8/2022 4:46:02 PM
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11/8/2022 4:45:59 PM
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Resolution/Ordinance
Res Ord Num
R2022-189
Res Ord Title
R2022-189 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Macon County Conservation District
Department
Public Works
Approved Date
11/7/2022
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Exhibit A <br /> opportunity for consultation with the terminating party prior to termination. If the City has <br /> provided any reimbursement or monies to Owner for Project and Owner has failed to fulfill its <br /> obligations under this Agreement, Owner shall reimburse and pay to City all monies received <br /> under the terms of this Agreement within thirty(30)days following demand by the City for <br /> payment. <br /> 13. In addition to termination as set forth above,this Agreement shall be terminated <br /> immediately without further notice or opportunity to consult and become void if funding <br /> becomes unavailable for any reason for Project prior to any actual construction of Project or if <br /> the bid which Owner receives for Project exceeds the total not to exceed project cost of Project <br /> as set forth in Exhibit 2 by fifteen percent(15%)or more. <br /> 14. All notices,demands and requests that are required or allowed to be given by <br /> either party shall be in writing and shall be personally delivered or sent by certified mail, <br /> postage prepaid,to the address as set forth below or to such other address as either party <br /> may subsequently designate in writing: <br /> OWNER: CITY: <br /> Macon County Conservation District City of Decatur <br /> 3939 Nearing Lane City Clerk <br /> Decatur,IL 62521 One Gary K. Anderson Plaza <br /> Decatur,IL 62523 <br /> 15. Owner and City represent to each other that each has retained and relied or had the <br /> opportunity to retain and rely on its own legal counsel,accountants and other professional <br /> advisers in connection with the negotiation,execution, and performance of this Agreement and <br /> its consequences, including,without limitation,tax consequences. Owner and City represent to <br /> each other that any such professional fees and expenses incurred in connection with this <br /> Agreement and its performance or in any other regard, shall be the sole obligation of that party, <br /> and each party shall pay its own expenses related to this Agreement and performance of its <br /> respective obligations hereunder. <br /> 16. Each signator to this Agreement warrants and represents that such signator is duly <br />
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