R2002-217 AUTHORIZING EXECUTION OF AGREEMENT

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instituted or threatened prior to the date of Settlement. The parties agree for purposes of defining terms herein and the terms of Paragraph 9(c) below that a third party inquiry into the legality of the sale and actions by the BOARD or the CITY is not a legal action pending or threatened. (e) That it shall permit the CITY'S counsel, engineers, agents or other representatives reasonable access to the Premises during normal business hours throughout the period prior to the date of settlement for purposes of inspection, survey or other actions preparatory to the development of the Premises, including soil borings or other similar tests or procedures involving use or occupation of the Premises; provided that, no such test or procedure may interfere with or obstruct the use of the Premises for normal school operations. Prior written notice of entry on the Premises shall be given by the CITY, its agents and contractors to the principals of Mound and Sunnyside Schools of an anticipated entry on school premises. The notice shall state the date of the expected entry and the general purpose for the same. The address and fax number of each of these schools are as follows: Mound Middle School 3789 N. Water Street Decatur, IL 62526 Fax #: 424-3142 Sunnyside School 303 W. Mound Road Decatur, IL 62526 Fax#: 424-3147 9. The CITY represents, warrants and agrees to, and with, the BOARD as follows: (a) The CITY is, and on the date of Settlement will be, a home rule municipal corporation duly organized and validly existing, and in good standing under the laws of the State of Illinois, and it has legal power and authority to enter into this Agreement and to consummate the transaction contemplated herein. (b) The execution of this Agreement and the consummation of the transaction contemplated herein have been duly authorized and approved by the City Council, and no further action is necessary for the validity and enforceability hereof. (c) There is not now any litigation, suit or regulatory agency proceeding pending, or to the CITY'S knowledge, threatened which might interfere with the sale and purchase contemplated hereby, and it will promptly notify the BOARD in writing if any such litigation, suit or regulatory agency proceeding shall be instituted or threatened prior to the date of Settlement. 10. Notice given or required in the Agreement or any addendum must be given in writing in one of the following forms: (a) Personally;