R2024-238 Resolution Authorizing an Agreement with Heritage Behavioral Health Center for Streetscape Improvements on Prairie Avenue

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Exhibit A AGREEMENT THIS AGREEMENT (Agreement) is entered into by and between the City of Decatur, Illinois, an Illinois municipal corporation(City) and Heritage Behavioral Health Center, Inc (Heritage), a 501(c)(3)nonprofit organization in the State of Illinois. RECITALS A. That City is a municipal corporation as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1, et. seq. B. The City is a home rule unit under Article VII Section 6(a) of the Illinois Constitution(IL Const. 170, Art. VII, Sec. 6(a)). C. Heritage owns and operates a behavioral health center located at 151 North Main Street,Decatur, Illinois which has a sub-sidewalk vault extending into the public right of way beneath the sidewalk adjacent to its building on the south side of the 100 block of West Prairie Avenue. D. Heritage desires to remove their sub-sidewalk vault under West Prairie Avenue. E. The City owns public right of way on West Prairie Avenue adjacent to Heritage and desires that the new sidewalk be installed in conformance with the downtown streetscape standards. NOW,THEREFORE, in consideration of the foregoing recitals,the mutual covenants and agreements hereinafter set forth, and for good and valuable considerations, the receipt, sufficiency, and adequacy of which are hereby acknowledged,the parties agree as follows: 1. The foregoing recitals are incorporated herein as fully stated as a part of this Agreement. 2. Heritage shall be permitted to construct new sidewalks with decorative inlays, new curb and gutter, a street light foundation, conduit and wiring along with associated street repairs (Project) on City rights of way in areas adjacent to its facility under the terms and conditions set forth in this Agreement. 3. Heritage shall be responsible for obtaining the drawings, designs,plans and specifications for the Project and shall be responsible for the construction of the Project. 4. The Project design shall be made in substantial conformance with the design set forth in Exhibit A attached hereto and incorporated by reference. 5. The design of the Project shall be prepared by Heritage and shall be in compliance and conformance with Decatur Streetscape standards dated January 2014. All designs,plans and specifications must be approved by the Public Works Director prior to the start of any construction of theProject.