R89-17 AUTHORIZING AGREEMENT - MACON COUNTY CONSERVATION DISTRICT

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. , j . , . AGREEMENT This Agreement entered into this 27th day of February, 1989 by and between the City of Decatur, Iilinos, a municipal corporation, here- inafter called the "The City", and the ��lacon County Conservat�on Oistrict, �1acon County, Illinois, a municipal corporation, hereinafter called the "The District". Whereas, the City is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois and a duly organized municipal corporation under the provisions of I11 . Rev. � Stat. 1987, Ch. 24, par. 1-1-1 et seq. ; and, Whereas, the District is a duly organized Conservation District I pursuant to I11 . Rev. Stat. 1987, Ch. 96 1/2, par. 7104 et seq. ; and, ' Whereas, both the City and the District are units of local govern- ment as set forth in the Illinois Intergovernmental Corporation Act, I11 . Rev. Stat. 1987, Ch. 127, par. 741 et seq. ; and, 4Jhereas, the City is seeking to deveop an alternate emergency water supply to serve the needs of its citizens, businesses and industries. and those of other units of local government dependent thereon in time � of drought; and, Whereas, The Oistrict holds title �n fee simple absolute to cer- tain tracts in Macon County, Illinois which contain abundant water re- sources; and , Whereas, the Illinois Constitution of 1970, Article 7, Section 10 and the Illinois Intergovernmental Cooperation Act, I11 . Rev. Stat. 1987, Ch. 127, par. 745, specifically empower units of local government to contract to perform governmental services; and , Whereas, The City and The Distr%ct are, desirous of securing and maintaining an adequate water supply for the City of Decatur, other munici- palities dependent thereon and all the citizens of Macon County. NOW, THEREFORE, for and in consideration of the mutual promises and obligations made and assumed hersunder, The City and The District hereby agree as follows: 1 . That The District shall lease to the City six (6) tracts as specifically set forth in "Exhibit A" attached hereto and incorporated herein by reference, for the purpose of constructing, operating and maintaining water wells. 2. That said lease shall be for a period of. fifty .(50) years commencing as of the date of execution of such lease. The City sf�all have tf�e right to renew this lease for an additional term of fifty (50) years iT such right is exercised during or after the 48th year or this ieasz and prior to the expiration thereof. Said renewal shall be on the same terms as this lease.