R2001-137 AUTHORIZING EXECUTION OF AGREEMENT

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AGREEMENT This Agreement made on July 16, 2001, between the City of Decatur (the "City") and Decatur Community Partnerships (hereinafter referred to as "DCP"), regarding the administration of a Keep Illinois Beautiful program,hereby agree as follows: 1. T'he City shall provide to DCP the sum of $7,049.00 consisting of a Keep Illinois Beautiful Program Grant from the State of Illinois. The amount of$7,049.00 is to be paid solely from such grant in accordance with the terms and conditions thereof as set forth in the grant document, the form which is attached hereto and by this reference specifically incorporated herein, and in accordance with any subsequent provisions, requiremehts and assurances promulgated by the State of Illinois that may now or hereafter apply to said grant. The obligation of the City contained herein is expressly limited to said grant funds and is not an indebtedness of the City nor a charge or lien against the City's general credit or taxing power. 2. T'he City shall be obligated to provide said grant funds to DCP only on the condition I, that said funds shall be available from the Department of Commerce and Community Affairs. , The non-availability of such grant funds shall cause this Agreement to be terminated at the option of either party hereto or the Department of Commerce and Community Affairs. Should the City receive less than the full amount anticipated in the grant document, and if neither the Department of Commerce and Community Affairs nor either party exercised his / its option to terminate this Agreement within 14 days of being notified of the non-availability of funds, DCP shall receive an amount under this Agreement which is reduced in proportion to the reduction in funds available to the City under the grant agreement. 3. DCP shall adhere to all the provisions, requirements ad assurances set forth in the grant document. Further, DCP shall comply with any existing or subsequently enacted provisions or requirements promulgated by the Department of Commerce and Community Affairs and applicable to the grant. Failure shall cause this Agreement to be terminated at the discretion of the Deparhnent of Commerce and Community Affairs. 4. DCP, its officers, agents, employees, and assigns, agree to hold the City and the State of Illinois harmless from any and all liability, claims, damages and litigation arising from its operations and activities under the terms of Agreement. 5. This Agreement shall be binding upon DCP and its assigns, except that DCP may not assign or transfer its rights without the prior written consent of the City and the Department of Commerce and Community Affairs. This Agreement shall insure to the benefit of the City, its successors and assigns. 6. All federal and state laws in effect during the term of this Agreement, insofar as they are applicable, regardless of the date of enactrnent, shall be considered to be amendments hereto