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R2022-209 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Larry H. Shackelford, Trustee of the Lawrence H. Shackelford Trust
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R2022-209 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Larry H. Shackelford, Trustee of the Lawrence H. Shackelford Trust
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12/27/2022 2:53:04 PM
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12/27/2022 2:53:02 PM
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Resolution/Ordinance
Res Ord Num
R2022-209
Res Ord Title
R2022-209 Resolution Authorizing Lake Decatur Watershed Protection Program Agreement with Larry H. Shackelford, Trustee of the Lawrence H. Shackelford Trust
Department
Public Works
Approved Date
12/5/2022
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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 /> Lawrence H. Shackelford,Trustee City of Decatur <br /> 3569 Stare Rd City Clerk <br /> Oakley,IL 62501 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 /> hereto. <br /> 18. This is an enforceable Agreement placing specific obligations on the City and the <br /> Owner. Either Party is entitled to all legal remedies available under law or equity, including suit <br /> for specific performance or damages. <br /> 19. Time shall be considered to be of the essence of this Agreement. <br /> 20. This Agreement contains the entire understanding of the parties <br /> hereto in respect of the transactions contemplated hereby and supersedes all prior agreements <br />
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