R2012-182 AUTHORIZING AGREEMENT WITH LAND CONSERVATION FOUNDATION

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AGREEMENT WHEREAS, the City of Decatur, Illinois (City) desires to cooperate with the Land Conservation Foundation (LCF), a Champaign, Illinois based 501 C (3) Land Trust incorporated in 2003, to encourage, promote and establish good soil and water conservation practices in the Lake Decatur watershed, especially along the Sangamon River, in order to keep the soil on the land and reduce fertilizer, herbicide and pesticide runoff into Lake Decatur. NOW, THEREFORE, IT IS AGREED by and between LCF and the City as follows: The term of this Agreement is for twenty four (24) months, commencing October 15, 2012, and ending October 15, 2014. 1. If the City and LCF desire to continue these conservation efforts beyond the time period of this Agreement, LCF will submit a proposed work program and budget to the City for initial review no later than June 30th preceding the termination of this Agreement. 2. LCF will, when requests are submitted in a timely manner, provide to the City technical assistance, research, review, recommendations and public support for Lake Decatur watershed activities. 3. LCF will purchase, maintain and make available to the public approximately 100 acres along the Sangamon River near Monticello, Illinois commonly known as the Tipsword Tract identified in Exhibit 1. 4. LCF will convert approximately 59 acres of floodplain cropland currently on the Tipsword Tract to approximately 59 acres of floodplain forest on or before October 15, 2014. 5. The City will pay to LCF $10,000.00 during the first 30 days of this Agreement to assist with the purchase of the Tipsword Tract by the LCF. 6. LCF shall prepare and submit to the City an annual report on progress to acquire the Tipsword Tract and the floodplain cropland conversion to floodplain forest on or before October 15, 2013 and on or before October 15, 2014. 7. If the terms and conditions of this Agreement are not met by LCF by October 15, 2014, LCF will refund the City $10,000.00 no later than October 30, 2014 for non performance. 8. LCF shall permit the City to examine its books and records upon reasonable notice and during customary business hours. 9. All documents and records in the possession of LCF, sub-consultants, sub-contractors and any other person employed by LCF, sub-consultants, or sub-contractors to perform a governmental function on the City of Decatur's behalf and directly related to the governmental function are subject to the Illinois Freedom of Information Act. LCF shall 1