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R2023-49 Resolution Authorizing Cash Rent Farm Lease with Tiger Fiber Inc. for Oakley Sediment Basin Interior
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R2023-49 Resolution Authorizing Cash Rent Farm Lease with Tiger Fiber Inc. for Oakley Sediment Basin Interior
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5/24/2023 2:46:49 PM
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5/24/2023 2:46:48 PM
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Resolution/Ordinance
Res Ord Num
R2023-49
Res Ord Title
R2023-49 Resolution Authorizing Cash Rent Farm Lease with Tiger Fiber Inc. for Oakley Sediment Basin Interior
Department
Public Works
Approved Date
3/20/2023
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T)RELATIONSHIP OF PARTIES:It is agreed that the Tenant is an independent contractor.Landowner shall not be responsible for <br /> Tenant's employee's wages and payroll taxes. The relationship between the parties is such that neither is the agent or.partner of the other <br /> for any purpose whatsoever. The rights of Tenant under this agreement are not assignable by him for any purpose. <br /> U)SEVERABILITY: If any term or provision of this Lease or the application thereof to any person or circumstance shall,to any extent, <br /> be invalid or unenforceable,the remainder of this Lease or the application of such term or provision to persons or circumstances other than <br /> those as to which it is held invalid or unenforceable,shall not be affected thereby,and each term and provision of this Agreement shall be <br /> valid and be enforced to the fullest extent permitted by law. If a court having proper jurisdiction holds a particular Lease provision <br /> unreasonable,that restriction shall be modified to the extent necessary in the opinion of such court to make it reasonable and legally valid. <br /> V)APPLICABLE LAW AND VENUE: The laws ofthe State of Illinois shall govern the validity,performance and enforceability ofthis <br /> Lease. The parties irrevocably consent to the exclusive jurisdiction for any lawsuit arising under this Lease to be in the Circuit Court of <br /> Macon County,in Decatur,IIlinois or,if applicable,the United States District Court for the Central District of Illinois,Urbana,Illinois <br /> Division. <br /> W)EXTENT OF AGREEMENT: The terms oftWs lease shall be binding upon the heirs,executors,administrators,and successors of <br /> both the Landowner and the Tenant in like manner as upon the original parties. Amendments to this Iease may only be made in writing <br /> signed by the Landowner and the Tenant All of the rights and privileges and reservations in favor of the Landowner may be exercisable by <br /> First Illinois Ag group in its representative capacity. <br /> X)YOU ARE REREBY NOTIFIED that FIRST ILLINOIS AG GROUP("Agent")Is a real estate licensee and is acting as Agent <br /> for CITY OF DECATUR("Landowner")in this transaction.Agent is notrepresenting you in this transaction and any benefit you <br /> receive as a result of Agent's work on this transaction is purely incidental and should not be construed as creating an agency <br /> relationship between you and Agent. <br /> Agent owes the Landowner in this transaction undivided fiduciary duties,which include but are not limited to the duties of loyalty, <br /> dlsclosure,obedience,confidentiality,and reasonable care.Agent must put Landowner's interest first and negotiate the best terms <br /> and conditions for Landowner,not for you. <br /> You have the responsibility to protect your own interests. Carefully read all agreements to make sure they accurately reflect your <br /> understanding. If you need additional advice for legal,tax,insurance,building inspection,equipment inspection,or other matters, <br /> it Is your responsibility to consult a professional in those areas. In addition,you can choose to have the advice,assistance,and <br /> representation of your own real estate licensee. Do not assume that a real estate licensee is representing you or is acting on your <br /> behalf unless you have contracted in writing for such representation. <br /> The Tenant grants permission to the Farm Service Agency to release an% and all forms,documents,maps, contracts and yield data <br /> associated with the property referenced in the lease arrangement to First Illinois Ag Group and its representatives. <br /> 4 <br />
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