R2024-264 Resolution Authorizing Lake Decatur Watershed Farmland Conservation Program Agreement for Pond Improvements with Michael D. Switzer

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becomes unavailable for any reason for Project prior to any actual construction of Project or if the bid which Owner receives for Project exceeds the total not to exceed project cost of Project as set forth in Exhibit 2 by fifteen percent(15%)or more. 14. All notices,demands and requests that are required or allowed to be given by either party shall be in writing and shall be personally delivered or sent by certified mail, postage prepaid,to the address as set forth below or to such other address as either party may subsequently designate in writing: OWNER: CITY: City of Decatur Michael D. Switzer City Clerk 7002 Star Route Road One Gary K. Anderson Plaza Oakley, IL 62501 Decatur, IL 62523 15. Owner and City represent to each other that each has retained and relied or had the opportunity to retain and rely on its own legal counsel, accountants and other professional advisers in connection with the negotiation, execution, and performance of this Agreement and its consequences, including,without limitation,tax consequences. Owner and City represent to each other that any such professional fees and expenses incurred in connection with this Agreement and its performance or in any other regard, shall be the sole obligation of that party, and each party shall pay its own expenses related to this Agreement and performance of its respective obligations hereunder. 16. Each signator to this Agreement warrants and represents that such signator is duly authorized to execute this Agreement on behalf of the party for who the Agreement is signed. 17. This Agreement may only be amended by a written instrument signed by each party hereto. 18. This is an enforceable Agreement placing specific obligations on the City and the Owner. Either Party is entitled to all legal remedies available under law or equity, including suit for specific performance or damages. 19. Time shall be considered to be of the essence of this Agreement.