R99-180 AUTHORIZING AGREEMENT - Laserfiche WebLink

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AGREEMENT Whereas, on April 3, 1997, the Circuit Court of Macon County, in case #94-MC-21, entered an order authorizing the City of Decatur, Illinois ("City"), to demolish the building located at 412 West Prairie Avenue, said building commonly known as the Culver House; and Whereas, the Historic Properties Preservation Foundation ("Foundation"), an Illinois not for profit corporation, desires that the Culver House be rehabilitated and restored and is willing to be appointed receiver pursuant to 65 ILCS 5/11-31-2 and assume all of the duties and responsibilities thereunder with respect to the Culver House; and Whereas, Foundation is further willing to indemnify and hold the City harmless from any costs or liabilities resulting from its appointment as receiver. NOW, THEREFORE, for and in consideration of the premises contained herein, the City and Foundation agree as follows: 1. Upon the furnishing to the City of a plan showing both the availability of financing, and a reasonable schedule, for the rehabilitation and restoration of the Culver House, as further set out in paragraph 2 hereof, said plan to be so furnished within one (1) month of the date of this Agreement, the City will petition the Macon County Circuit Court for the appointment of Foundation as receiver for the Culver House as described above. 2. Prior to any petition for appointment as receiver being filed by the City, Foundation must provide the City, in a form satisfactory to the Corporation Counsel, evidence that Foundation will have not less than One Hundred Fifty Thousand Dollars ($150,000.00) available within a reasonable period of time, not to exceed three (3) months, for use in the restoration and rehabilitation of the Culver House, and further provide a schedule showing the Culver House ready for occupancy not later than two (2) years from the date hereof, with deadlines for specific improvements as approved by the Building Inspections Supervisor, said approvals not to be unreasonably withheld. 3. (a) If the plan required by paragraph 1 hereof is not presented to the City within the time set out therein, the City may proceed to demolish the Culver House, as provided by law. (b) If the deadlines for improvements to the Culver House, as required by paragraph 2 hereof, are not met, the City may petition the Macon County Circuit Court to terminate any receivership previously granted to Foundation for the restoration and rehabilitation of the Culver House and proceed to demolish same, as provided by law.