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R91-145 AUTHORIZING REAL ESTATE PURCHASE AGREEMENT - DREDGING STORAGE BASIN
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R91-145 AUTHORIZING REAL ESTATE PURCHASE AGREEMENT - DREDGING STORAGE BASIN
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7/25/2016 2:10:31 PM
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Resolution/Ordinance
Res Ord Num
R91-145
Res Ord Title
AUTHORIZING REAL ESTATE PURCHASE AGREEMENT - DREDGING STORAGE BASIN - CITY PROJECT
Approved Date
10/7/1991
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� ! + ' <br /> i • - � - � . <br /> 4 <br /> 6. POSSESSION: City shall be entitled to possession of <br /> said tracts on date of Settlement. <br /> 7 . FACILITATING TRANSFER OF TITLE: Lawson and City shall <br /> furnish all information legally required for the transfer of title. <br /> 8 . "AS IS�� CONDITION-HOLD HARMLESS: C i t y e x p r e s s 1 y <br /> acknowledges that it has made a full and complete investigation and <br /> inspection of said tracts and is thoroughly acquainted with their <br /> condition and acknowledges that neither Lawson, nor anyone acting <br /> or purporting to act on behalf of Lawson, has made any <br /> representation with respect to said tracts or their physical <br /> condition. City further agrees that it is accepting said tracts <br /> "as is" and in their present condition and acknowledges that Lawson <br /> is making no warranties, express or implied with respect to the <br /> condition of same. City assumes any liability as to said described <br /> tracts relating to hazardous waste or substances or petroleum <br /> within the meaning of: (i) the Comprehensive Environmental <br /> Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601- <br /> 9657, as amended) ; or (ii) the Resource Conservation and Recovery <br /> Act, (42 U.S . C. §6901-6987, as amended) ; or (iii) the Illinois <br /> Responsible Property Transfer Act of 1988, (IRS Ch 30 §901-907, as <br /> amended, "IRPT") , or any similar federal or state environmental <br /> statute and agrees to indemnify and hold harmless Lawson from any <br />' such claim or liability relating to said environmental statutes or <br /> regulations. <br /> 9 . DEFAIILTING PARTY: A defaulting party will pay all <br /> eapenses, reasonable attorneys ' fees and court costs incurred in <br /> good faith by the other party in enforcing the terms of this <br /> contract. <br /> 10. MISCELLANEOIIS• <br /> a. Notices: Any notice given or required in this <br /> contract shall be given in writing either personally or by <br /> prepaid certified mail with return receipt requested and <br /> addressed to Lawson, c/o William T. Downing, 295 N. Franklin <br /> St. , Decatur, Illinois 62523 or to City, c/o John W. Couter, <br /> nl Civic Center Plaza, Decatur, Illinois 62523-1196. All such <br /> notices shall be deemed to have been given on the date of <br /> personal service or on the date postmarked. <br /> b. Binding Effect: This Agreement shall be binding <br /> upon the respective heirs, administrators, executors, <br /> successors and assigns of Lawson and upon the successors and <br /> assigns of City. <br /> c. Headings: The headings or captions of <br /> paragraphs are for identification purposes only and do not <br /> limit or construe the contents of the paragraph. <br />
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