HomeMy WebLinkAboutResolution #0943.e ,
RESOLUTION NO. 943
A RESOLUTION APPROVING AN AMENDATORY AGREEMENT TO AGREEMENT #232
HERETOFORE REACHED BETWEEN THE CITY OF CANTON AND SHERWOOD FOREST,
INC., AN ILLINOIS CORPORATION.
WHEREAS, the Public Works, Water and Sewer Committee has determined
that it is in the best interest of the City of Canton, Fulton County,
Illinois to amend Agreement #232 heretofore reached by the City of
Canton and Sherwood Forest, Inc., an Illinois corporation, as more
specifically set forth in Exhibit "A" hereto attached; and,
WHEREAS, the City Council of the City of Canton, Fulton County,
Illinois has reached a similar determination.
NOW., THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CANTON, Fulton County, Illinois as follows:
1. That amendatory Agreement hereto attached and identified as
Exhibit "A", incorporated herein by reference, is hereby approved by
the City Council of the City of Canton, Fulton County, Illinois.
2. That the Mayor of the City of Canton is hereby authorized and
directed to execute and deliver duplicate originals of Exhibit "A"
to Sherwood Forest, Inc., an Illinois corporation.
3. That this Resolution shall be in full force and effect immediately
upon its passage by the City Council of the City of Canton, Fulton
County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois at a regular meeting this day of ~„ ,
1982, upon a roll call vote as follows:
AYES: Aldermen Horr, Clarke, Carl, Grant, Sarff, Savill, Kovachevich.
NAYS: None.
ABSENT: Alderman Hammond.
APPROVED:
Donald E. Edwards, Mayor.
ATTEST:
ncy W ites, City Clerk.
•~
AGREEMENT NO. ~~
AN AGREEMENT AMENDING AGREEMENT #232, BEING: "AN AGREEMENT FOR
EXTENSION OF SEWER AND WATER SERVICES".
WHEREAS, the City of Canton, hereinafter called "City", and
Sherwood Forest, Inc., an Illinois corporation, hereinafter called
"Sherwood Forest", have heretofore, on or about June 19, 1973,
entered into a certain written agreement identified in the City's
files as Agreement #232; and,
WHEREAS, the City and Sherwood Forest are now desirious of
amending Agreement #232 in certain particulars.
IT IS, ACCORDINGLY, HEREBY FURTHER AGREED BY AND BETWEEN THE
CITY AND SHERWOOD FOREST AS FOLLOWS:
1. That numerical paragraph eleven (11) of Agreement #232 is
amended to read as follows:
"As soon as practical following date of May 18, 1982,
Sherwood Forest shall install individual water meters
at each residential unit at the cost of the resident
and. in accordance with applicable City codes and
ordinances. Once installed, the City shall bill the
users directly for each their respective water and
sewer use."
2. That the City agrees to maintain the water and sewer lines
presently in existence between the City and Sherwood Forest as
though said lines were now the property of the City. Sherwood
Forest agrees to reimburse the City for the actual cost of up-
keep and repair of said lines between the date hereof and the
date of final acceptance of said lines by the City.
3. That Sherwood Forest agrees to continue to repair and
maintain the lift station presently hooked onto the City's lines ~.
and operated and maintained by Sherwood Forest.
4. Nothing in this Agreement shall be construed to deny or
negate Sherwood Forest's ownership of all real property in question
or to deny or negate the effect of Section 9, Chapter 10, Title 8
of the Canton Municipal Code.
5. That, to the extent inconsistant herewith, all other
provisions of Agreement #232 are hereby amended to be consistant
herewith.
6. That this Agreement is intended to become part of and to
merge with Agreement #232. And, that the consideration supporting
this amendatory Agreement is as set forth in the totality of
Agreement #232 and this amendatory Agreement.
EXECUTED in duplicate original at Canton, Illinois this 197''x'
day of Q , 1982.
[Exhibit "A" ,
Resolution ~~'~,~ . ]
CITY OF CANTON, ILLINOIS:
Donald E. Edwards, Mayor.
ATTEST:
Nancy Whites, City Clerk.
SHERWOOD FOREST, INC., an Illinois
corporation, by:
Its President.
ATTEST:
Its Secretary.
[Exhibit "A",
Resolution 4~ R~3 . ]