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R2022-226 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement, for Streambank Improvements, with Ronald R. Helm and Jeanne E. Helm
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R2022-226 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement, for Streambank Improvements, with Ronald R. Helm and Jeanne E. Helm
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12/22/2022 10:24:44 AM
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Resolution/Ordinance
Res Ord Num
R2022-226
Res Ord Title
R2022-226 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement, for Streambank Improvements, with Ronald R. Helm and Jeanne E. Helm
Department
Public Works
Approved Date
12/19/2022
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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 /> Ronald R. Helm& Jeanne E. Helm City of Decatur <br /> 7542 Kirby Road City Clerk <br /> Oreana, IL 62554 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 /> authorized to execute this Agreement on behalf of the party for who the Agreement is signed. <br /> 17. This Agreement may only be amended by a written instrument signed by each party <br /> Page 154 of 221 <br />
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