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R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
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R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
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2/8/2024 4:23:46 PM
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2/8/2024 4:23:35 PM
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Resolution/Ordinance
Res Ord Num
R2024-39
Res Ord Title
R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
Department
Public Works
Approved Date
2/5/2024
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such part in the appeal as such counsel may deem advisable. The cost of any such claim or <br /> judgment(including appeal)and all proper and reasonable costs incurred in connection with <br /> such actions shall be paid by the CITY. <br /> 9. APPROVALS SHALL NOT BE UNREASONABLY WITHHELD <br /> 9.1 All approvals, payments and other actions required on the part of the CITY or the <br /> RAILROAD or their respective representatives shall not be unreasonably withheld or <br /> delayed. <br /> 10. NOTICES <br /> 10.1 All notices shall be in writing and be personally delivered or mailed as follows: <br /> CITY: RAILROAD: <br /> CITY OF DECATUR ILLINOIS CENTRAL RAILROAD <br /> 1 Gary K. Anderson Plaza, COMPANY <br /> Decatur, Illinois, 62523 17641 Ashland Avenue <br /> ATTN: Public Works Director Matt Newell Homewood, Illinois 60430 <br /> ATTN: Manager Public Works <br /> 10.2 In the event that delays or difficulties arise in securing any necessary approvals, or in <br /> acquiring rights-of-way, or in settling damage claims, or for any other cause which in the <br /> opinion of the CITY renders it impracticable to proceed with the construction of the project, <br /> then at any time before the construction is started, the CITY may serve formal notice of <br /> cancellation upon the RAILROAD and this Agreement shall thereupon terminate. In the <br /> event of cancellation, the CITY shall reimburse the RAILROAD for all eligible cost and <br /> expense incurred by the RAILROAD prior to receipt of notice of cancellation and payment <br /> by the CITY. <br /> � g � <br />
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