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INTERGOVERNMENTAL AGREEMENT BETWEEN THE SANITARY <br /> DISTRICT OF DECATUR AND THE CITY OF DECATUR <br /> THIS AGREEMENT is made and entered into this 10 day ofmnuary ,202 ,3 <br /> by and between the Sanitary District of Decatur, an Illinois unit of local governor t("Sanitary"), <br /> and the City of Decatur, an Illinois municipal corporation("City"). The parties mutually desire to <br /> enter into this Agreement and hereby mutually covenant and agree as follows: <br /> WHEREAS, Sanitary and City are both public agencies as defined under the <br /> Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.), and are therefore authorized and <br /> empowered to enter into intergovernmental agreements whereby they may exercise, combine, <br /> transfer and enjoy jointly any powers,privileges, functions,or authority; and, <br /> WHEREAS,the City desires to construct a grade separation for Brush College Road over <br /> Faries Parkway and has engaged in a multi-year planning process; and, <br /> WHEREAS, Sanitary and City have each determined that it is in the public interest and <br /> general welfare to develop an agreement related to the relocation of Sanitary's 12" sewer lines if <br /> necessitated for the Brush College Road and Faries Parkway Grade Separation Project; and, <br /> WHEREAS, no ordinances or laws prohibit this Intergovernmental Agreement, or the <br /> transactions provided for herein. <br /> NOW, THEREFORE, in consideration of the foregoing, the sufficiency of which is <br /> hereby acknowledged,the parties agree as follows: <br /> 1. Sewer Relocation. The parties acknowledge and agree that the relocation of <br /> approximately 500 linear feet of Sanitary's 12" sewer line known as the Faries Park Sewer is in <br /> the public interest if necessary for the Brush College Road and Faries Parkway Grade Separation <br /> Project as determined solely by the City. Sanitary shall review and approve all engineering and <br /> design plans related to the relocation of the sewer line. Sanitary's approval of said plans shall not <br /> be unreasonably withheld. <br /> 2. Relocation Costs. The parties acknowledge and agree that the total estimated cost <br /> of material and construction for relocating the sewer line described above is approximately <br /> $135,000.00.City shall be solely responsible for all soft costs associated with the following aspects <br /> of the sewer relocation project including engineering, contract supervision, and construction <br /> supervision. City will incur the soft costs. City shall pay the material and construction costs <br /> initially. Sanitary shall be responsible for the total material and construction costs less the City's <br /> $20,000 contribution even if the total exceeds the estimated total cost of $135,000. City shall <br /> invoice Sanitary the total material and construction costs minus the City's$20,000.00 contribution <br /> to this project. Sanitary shall pay the invoice within 45 days of receipt. <br /> Page 1 of 4 <br /> December 16,2022 <br />