R2024-223 Resolution Authorizing an Intergovernmental Agreement between the City of Decatur and Decatur Park District Real Estate Transfer of Portions of Garfield Park

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NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the adequacy and sufficiency of which are hereby acknowledged, the parties mutually agree as follows: 1. Transfer of Real Estate by DPD. In consideration of the City agreeing to attempt to redevelop the real estate described in Ex. A, as soon as practical following the execution of this Agreement, DPD shall execute and deliver a Quitclaim Deed conveying the real estate described in Exhibit A attached hereto and described herein to City. 2. No Additional Consideration. The parties acknowledge and agree that the real estate transfer described herein shall be performed without additional monetary compensation paid to DPD. 3. As-Is Exchange. This Agreement is for the transfer of real estate in its "as-is" condition as of the date of execution of this Agreement. The parties acknowledge and agree that no representations, warranties or guarantees of any kind related to the real estate have been made by either party or their respective agents, officers, employees, or representatives. 4. Severability. If any provision or subpart of this Agreement is held to be invalid by any tribunal of competent jurisdiction, such part shall be deemed automatically adjusted, if possible. If not, the provision shall be deemed severed from the Agreement, and all other provisions and subparts shall remain in full force and effect. 5. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the transfer of real estate from Decatur Park District to the City of Decatur. Any representations promises or statements not set forth in this Agreement are of no force and effect and have not been relied upon. 6. Amendment. This Agreement may only be amended by a written instrument signed by each party hereto. 7. Transferability. This Agreement shall extend to and be binding upon the parties hereto and their respective agents and representatives. The terms of this Agreement are non- transferrable without the prior written consent of the other party. 8. Successors. This Agreement shall extend to, inure to the benefit of, and be binding upon the parties hereto and their respective agents, representatives, predecessors, successors, and assigns. 9. Execution. This Agreement may be executed in any number of counterparts, and sent as "pdf' and by e-mail, each of which shall be deemed an original and which, taken together, shall constitute the full Agreement.