HomeMy WebLinkAboutResolution #5362 - settlement agreement for the purposes of demolishing 124 Martin Avenue RESOLUTION NO. 5362
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT FOR THE
PURPOSES OF DEMOLISHING 124 MARTIN AVENUE, CANTON,ILLINOIS
WHEREAS, on July 9, 2021, the City of Canton (the "City") filed a lawsuit in the Ninth
Judicial Circuit of Illinois (Fulton County Case No. 21-MR-0097) against END OF THE ROAD,
LLC ("End of the Road"), GUARDIAN TAX IL, LLC, MS INVESTMENT GROUP, INC., and
the FULTON COUNTY TREASURER(the"Lawsuit");
WHEREAS, the Lawsuit arises from an unsafe and dangerous building (the "Building")
located at 124 Martin Avenue, Canton, Illinois 61520(the"Premises");
WHEREAS, Dr. Randy Klinedinst("Klinedinst") desires to acquire the Premises upon
demolition of the Building and has agreed to contribute to the demolition expenses associated
with the Building;
WHEREAS,the City current holds liens against the Premises recorded as Document
Nos. 2092632, 1987196, and 1882827 in the Fulton County Land Records;
WHEREAS,the City, End of the Road, and Klinedinst desire to enter into a Settlement
Agreement for the purposes of the Building being demolished and being transferred to
Klinedinst, subject to certain terms and conditions, including the release of the aforementioned
liens and the payment of outstanding property taxes by End of the Road;
WHEREAS, consistent with the terms of the Settlement Agreement,the City has
obtained quotes for the demolition of the Building;
WHEREAS, and the City Council of the City of Canton, Illinois have determined that it
is necessary and in the best interests of the City to approve the Settlement Agreement attached
hereto as "Exhibit A," and authorize the execution of any stipulations or other further documents
necessary to accomplish the foregoing (collectively the "Agreements").
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Canton,
Fulton County,Illinois. as follows:
1. The Settlement Agreement between the City of Canton,Dr. Randy Klinedinst, and
End of the Road, LLC, substantially in the form as attached hereto as "Exhibit A," is hereby
APPROVED.
2. The Mayor and/or City Engineer are authorized to acquire the appropriate services
from a contractor(e.g. Ewing Excavating)to demolish the Building consistent with the Settlement
Agreement, provided that the City's total responsibility for the demolition expenses shall not
exceed $25,000.00 without further approval of the Corporate Authorities.
3. The City Attorney,Mayor and City Clerk of Canton,Illinois are hereby authorized
and directed to execute and deliver the Settlement Agreement, and any other stipulations or other
further documentation necessary to accomplish the foregoing, on behalf of the City of Canton.
4. The City Attorney is hereby authorized to make any revisions to any of the
documents, including the Settlement Agreement, necessary to substantially accomplish the
foregoing. The Mayor and City Attorney is further authorized to take all further necessary actions
with regards to the Lawsuit, including the filing or recording of any appropriate motions,
stipulations, releases, and/or orders, and consistent with the Settlement Agreement.
5. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution.
PASSED AND APPROVED THIS 15 DAY OF MARCH, 2022.
Ayes: Alderperson Andra Chamberlin, Justin Nelson, John Lovell, Craig West, Angela
Hale, Jeff Fritz, Greg Gossett
Nays: None
Absent: Alderperson Angela Lingenfelter
City of Canton, Illinois
APPROVED: 4ji lKent McD , Mayor
Attest:
Diana Pavley-Rock, City Clerk
EXHIBIT A
SE' 'T. EMENT A rREEl4l`ENS
This Settlement Agreement ("Agreement") is entered into by and between the
CITY OF CANTON an Illinois municipal corporation (the "City"), END OF THE
ROAD, LLC, a Nebraska limited liability company ("End of the Road"), and DR.
-RANDY KLINEDINST ("Klinedinst"). The City, End of the Road, and Klinedinst are
collectively referred to herein as the"Parties." Certain disputes, claims, and alleged
causes of action have existed by and between the City and End of the Road related to
and/or arising from an unsafe and dangerous building(the"Unsafe Building")located
at 124 Martin Avenue, Canton, Illinois 61520 (the"Premises")
WHEREAS, on July 9, 2021, the City filed a lawsuit in the Ninth Judicial
Circuit of Illinois (Fulton County Case No. 21-MR-0097) (the"Action") against End of
the Road; GUARDIAN TAX IL, LLC, a Nebraska limited liability. company; MS
INVESTMENT GROUP, INC. an Illinois corporation; and the FULTON COUNTY
TREASURER;
WHEREAS, the lawsuit filed by the City seeks to make safe or otherwise
demolish the Unsafe Building located on the Premises;
WHEREAS, the City and End of the Road desire to resolve the Action without
further litigation or significant expense to either party;
WHEREAS, Klinedinst owns property adjacent to Premises and desires to
acquire the Premises, provided certain liens and expenses are agreed upon or
otherwise paid by the Parties.
WHEREAS,the Parties have reached an agreement to provide for the payment
of certain liens and property taxes associated with the Premises, the demolition of
the Unsafe Building, and for the transfer of the Premises to Klinedinst.
THEREFORE, for and in consideration of the mutual promises and covenants
set forth herein, the Parties agree as follows:
A. Unsafe Building. The Parties agree that the Unsafe Building is unsafe and
dangerous pursuant to 65 ILCS 5/11.31.1(a).
B. Payment of Taxes and Liens. Within fourteen(14) days of the execution of
this Agreement, End of the Road shall pay or otherwise cause to be released
any and all encumbrances, liens and/or outstanding real property taxes,
assessments, penalties, fees, and/or fines affecting the Premises
(collectively the "Liens"), except as otherwise stated in this Paragraph B.
Within seven (7) days of the payment of the Liens, the City and End of the
Road shall jointly file a Motion to Dismiss seeking to dismiss all other
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•
parties to the Action. Upon completion of the Demolition pursuant to
Paragraph D below, the City agrees to release or otherwise waive the
•
following liens it has recorded against the property, which neither End of
•• the Road nor Klinedinst shall be responsible to pay: Notices of Lien
recorded as Document Nos. 2092632, 1987196, and 1882827 in the Fulton
County Land Records.
•
C. Demolition. Upon entry of the Order dismissing the other parties to the
Action, the City, including its employees, agents and/or contractors, is
authorized to (i) enter upon the Premises and cause the demolishment and
removal of the Building on the Premises (or alternatively, repair the
Building on the Premises) as it deems necessary and to its complete
satisfaction; and (ii) to enter upon the Premises and remove any and all
garbage, debris,'and other hazardous, noxious, or unhealthy substances or
materials occupying the Premises from the Building on the Premises and/or
the Premises itself, as the City deems necessary and to its complete
satisfaction (collectively the"Demolition").
•
D. Costs of Demolition. The City and Klinedinst shall each contribute fifty
percent (50%) of the total expenses incurred related to the Demolition
("Demolition Expenses"), provided that the total cost of the Demolition
Expenses do not exceed $25,000.00. In the event the Demolition Expenses
exceed$25,000.00, the City shall be responsible for all Demolition Expenses
in excess of$25,000.00 with Klinedinst still responsible for up to$12,500.00
of the Demolition Expenses.The Parties understand that at the time of this
Agreement, the City has received a bid to demolish the Unsafe Building in
an amount less than $25,000.00. The City and Klinedinst shall each be
responsible for paying their respective share directly to the contractor(s)
•selected by the City, in its sole discretion, to perform the Demolition.
E. Transfer of Premises. In consideration of the City agreeing to waive its
right to record a lien for the Demolition Expenses, within fourteen(14) days
of the completion of the Demolition, End of the Road shall transfer the
Premises, free and clear of all liens and encumbrances, to Klinedinst, or his
designee, by a Special Warranty Deed, in a form acceptable to Klinedinst
and subject to real estate taxes for 2021 and 2022.
F. Taxes Not Yet Due and Payable. The Parties agree that that End of the
Road shall be responsible for all real property taxes and assessments
against the Premises for tax year 2021 and all years prior thereto, Upon
transfer of the Premises to Klinedinst or his designee, Klinedinst or his
designee shall be responsible for all real property taxes and assessment
against the Premises for tax year 2022 and all years thereafter.The Parties
acknowledge and agree that real property taxes for tax year 2021 are not
yet due and payable. As such, End of the Road agrees to pay Klinedinst an
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amount of$821.22, which is intended to serve as a credit towards the 2021
real property taxes, payable 2022, in relation to the Premises. Such
payment shall occur within fourteen (14) days of the execution of this
Agreement. End of the Road shall forward any real estate tax bills related
to the Premises for tax year 2021 to Klinedinst within seven (7) days of
receipt of same.
G. Performance and Dismissal. After the Parties have fully executed this
Agreement and performed the mutual promises and covenants set forth
herein, the Parties shall file a Stipulation of Dismissal and cause to be
entered an Agreed Order dismissing all claims, with prejudice, in the
Action.
H. Release. In consideration of the payments, promises, and covenants set
forth in this Agreement, and to the fullest extent permitted by law, the
Parties, individually and on behalf of their successors, present and former
parents, subsidiaries, affiliates, investors, officers, directors, trustees,
shareholders, members, managers, employees, former employees,
independent contractors, agents, representatives, assigns, heirs, estates,
executors, administrators, attorneys, and/or insurers, and each of them,
voluntarily,irrevocably, and unconditionally releases, acquits, and forever
discharges each other, as well as any of their predecessors, successors, and
assigns, present and former parents, subsidiaries, affiliates, investors,
officers, directors, trustees, elected officials, appointed officials, mayor,
alderpersons, shareholders, members, managers, employees, former
employees, independent contractors, agents, representatives, heirs,
estates, executors, administrators, attorneys, and/or insurers, (all
collectively referred to as "Releasees"), and each of them, from any and all
charges, complaints, claims, promises, agreements, controversies, suits,
demands, costs, losses, debts, actions, causes of action, damages,
judgments, obligations, liabilities, and expenses of whatever kind and
character, known or unknown, suspected or unsuspected, including any
claims for attorneys' fees and costs, which the Parties have, own, hold, or
claim to have, own, or hold, or may have had, owned, or held, or may in the
future claim to have, own, or hold against the Releasees, or any of them,
regarding events that have occurred in connection with, arising from,
and/or are related to the Action, the Demolition of the Unsafe Building, acts
or omissions of any Party as in pertains to the Unsafe Building, and/or any
of the facts related to the Action,including without limitation, any federal,
state, or local statute, ordinance, regulation, or common law.
I. Fees and Costs. Each Party agrees to bear its own attorney fees and costs
incurred in the Action, including through the negotiation and execution of
this Agreement.
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J. No Assignment.The Parties expressly represent and warrant they have not
assigned,pledged or otherwise sold or offered, either by written instrument
or otherwise, any right, title, interest, or claims it has or may have in
connection with or arising out of the settled claims which are the subject of
this Agreement.
K. Covenant Not To Sue. All Parties agree that they will not, at any time
hereafter, commence, maintain, assist in (except as required by law), •
encourage, or prosecute any action at law or otherwise, including any type
of administrative claim, or assert any claim against any Party and/or
execute or enforce any judgment against any Party for damages or losses of
any kind or amount arising directly or indirectly from events that have
occurred in connection with or related to the Demolition.
L. Representation by Counsel. The Parties expressly represent and warrant
that they have been represented by counsel who has explained to it the
entire contents and legal consequences of this Agreement. Each Party
further represents and warrants that they have read this Agreement
completely and thoroughly, and that they understand that this Agreement
conclusively settles any and all claims that they have or may have against
the other party related to any claims asserted by it or that could have been
asserted by it against other party.
M. Agreement Knowingly and Voluntarily Executed All Parties further
represent that they freely and voluntarily entered into this settlement on
their own behalf, upon the advice of their respective attorneys of record, in
the exercise of their own free act, deed and will, relying on their own
judgment, free of any duress or coercion; that, except as specifically
contained herein, they are not relying on any statement or representation
of each other, that, except as specifically contained herein, no
representations, promises or statements made by any agent, attorney or
other representative of any party being released hereby have influenced
them in making and executing this Agreement; that they realize that this
Agreement is final and conclusive and that it is their clear intent that the
Mutual Release as described above,is for the sole and exclusive purpose of
settling seriously disputed and vigorously contested claims, buying peace
and avoiding further and substantial expense of litigation. All Parties
warrant that this Agreement in all respects has been voluntarily and
knowingly executed. All Parties further warrant that they have the
authority to enter into and execute this Agreement. All Parties assume all
risks attendant to release of the settled claims heretofore or hereafter
arising which are unknown, unforeseen, or latent, and understands and
acknowledges the significance and consequences executing this agreement.
All Parties further acknowledge and agree that they are.giving up the right
to engage in further investigation and discovery of and from each other,
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which investigation/discovery could disclose further claims against each
other, including claims that the other party has concealed activities or
omissions that would give rise to additional claims or remedies, and they
hereby expressly and voluntarily waive any and all such rights.
N. No Precedent. All Parties recognize and agree that neither the settlement
memorialized by this Agreement, nor the fact of the settlement itself,
constitutes a precedent of any sort for the resolution of any other claim,
dispute, arbitration or lawsuit brought by any Party against the other, nor
for the interpretation of any contract or agreement, that is unrelated to or
that does not arise from or is not in connection with the Action.
0. Violation of Agreement. The Parties agree that in the event of any proven
breach of this Agreement, the non-breaching Party shall promptly be
reimbursed for its every loss, cost, damage, or expense incurred or suffered
by virtue of such violation, including reasonable attorneys' fees and
expenses.
P. Further Assurances. Upon execution of this Agreement, each Party shall
execute such other and further instruments and take such other action as
reasonably may be required to effectuate the terms and spirit of this
Agreement.
Q. Entire Agreement. This Agreement contains the entire agreement relating
to the subject matter hereof and supersedes all prior agreements,
understandings, negotiations, and discussions, oral or written, relating to
such subject matter.There are no warranties,representations,agreements,
arrangements, or understandings, oral or written, relating to the subject
matter hereof that are not fully expressed or provided for herein, and the
Parties shall not be bound by or liable for any 'alleged warranty,
representation,agreement,arrangement, or understanding not so set forth.
R. Applicable Law. This Agreement shall be construed and enforced in
accordance with and governed by the laws of the State of Illinois, without
regard to principles of conflicts of law otherwise applicable to such
determination; provided, however, this in no way shall prevent the
application of the benefits of federal law where applicable. The parties
agree that the Circuit Court of the Ninth Judicial Circuit, Fulton County,
Illinois shall be the sole and exclusive venue and jurisdiction for the
resolution of any disputes under this Agreement.
S. Execution.This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, fully enforceable counterpart for all
purposes hereof, but all of which shall constitute one and the same
instrument.
Page 5 of 6
T. Interpretation Of The Agreement. Whenever the context requires, any
gender includes all others, and the singular number includes the plural,
and vice-versa.Any captions in this Agreement are inserted for convenience
of reference and do not define, describe, or limit the scope or intent of this
Agreement or any of its terms. No inference, assumption, or presumption
shall be drawn from the fact that a Party or his or its attorney prepared
and/or drafted this Agreement. .
U. Severability, Should any provision of this Agreement be declared or be
determined by any court of competent jurisdiction to be illegal, invalid, or
unenforceable, the legality, validity, or enforceability of the remaining
parts, terms, or provisions, shall not be affected, and the illegal,
unenforceable, or invalid part, term, or provision shall be deemed not part
. of this Agreement.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound,
have executed this Settlement Agreement, effective upon the date when this
Agreement becomes executed by all the undersigned.
CITY F CANTON:
Att st:
, 1
By:. e. A.MCDowell,MayorY Diana Pavley-Roc., City _
047gC,14 ( / . . .. .
Date
END:OPT. :ROAD,LLC
_Bi Matthew Pickens
Chief Financial Officer of Homesellers of Omaha,LLC, Sole Member
. A°7247'
Date
DR. RANDY KLINEDINST:
' D ?p,N,4 L. '._. _ _
By: Dr. Rand Klinedinst
MA►g-ck-- 9
Date
Page 6 of 6
AMENDMENT TO SETTLEMENT AGREEMENT.
This Amendment to Settlement Agreement ("Amendment") is entered into by
and between the CITY OF CANTON an Illinois municipal corporation (the "City"),
END OF THE ROAD,LLC, a Nebraska limited liability company ("End of the Road"),
and DR. RANDY KLINEDINST Minedinst"). The City, End of the Road, and
Minedinst are collectively referred to herein as the "Parties."
WHERAS, certain disputes, claims, and alleged causes of action have existed
by and between the City and End of the Road related to and/or arising from an unsafe
and dangerous building located at 124 Martin Avenue, Canton, Illinois 61520 (the
"Premises"), which is legally described as follows:
A part of Lot 18 in "Jones' Third Addition to the City of Canton", described as
follows: Commencing at the southeast corner of said Lot 18; thence running
West to a point 60 feet East of the southwest corner of said Lot; thence North
60 feet; thence East to the East line of said Lot; thence South on the East Line
of said Lot, 60 feet to the place of beginning. Situated in the County of Fulton
and State of Illinois.
WHEREAS, the City, End of the Road, and Klinedinst previously entered into
a Settlement Agreement on or about March 9, 2022 (the "Settlement Agreement")
regarding the payment of certain liens, demolition of the Unsafe Building (as defined
in the Settlement Agreement), and transfer of the Premises from End of the Road to
Klinedinst;
WHEREAS,Klinedinst would like the garage and any other structures located
on the Premises to also be demolished pursuant to the Settlement Agreement;
WHEREAS, the Parties desire to amend the Settlement Agreement to include
the garage and other structures located on the Property;
WHEREAS, the Parties have reached an agreement by this Amendment to
include the garage and other structures located on the Premises within the definition
of"Unsafe Building" as used in this Amendment and the Settlement Agreement.
THEREFORE, for and in consideration of the mutual promises and covenants
set forth herein and those set forth in the Settlement Agreement, the Parties agree
as follows:
A. Unsafe Building. The term "Unsafe Building" or "Building" as used in the
Settlement Agreement, dated on or about March 9, 2022, is hereby amended to
include the residence located on the Premises, which is the unsafe and dangerous
building that is the subject of Fulton County Case No. 21-MR-0097, and any other
Page 1 of 2
garages, buildings, or structures located on the Premises which the City and
Klinedinst mutually agree should be demolished and removed from the Premises.
End of the Road shall have no responsibility for any additional costs resulting the
demolition of the additional garages, buildings or structures added to the definition
of"Unsafe Building"by this Amendment.
B. Continuing Effect.All other terms and conditions of the Settlement Agreement
shall remain in full force and.effect, except as otherwise modified by this Amendment.
C. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall
constitute one and the same instrument. The signature of any party to any
counterpart shall be deemed a signature to, and may be appended to, any other
counterpart. This Amendment, to the extent signed and delivered by means of a
facsimile machine or by emailed PDF, shall be treated in all manner and respects as
an original agreement or instrument and shall be considered to have the same
binding legal effect as if it were the original signed version thereof delivered in
person. No party hereto or to any such agreement or instrument shall raise the use
of a facsimile machine or email to deliver a signature or the fact that any signature
or agreement or instrument was transmitted through the use of a facsimile machine
or email as a defense to the formation or enforceability of a contract and each such
party forever waives any such defense.
IN WITNESS WHEREOF, the undersigned, intending to be legally bound,
have executed this Amendment, effective upon the date when this Agreement
becomes executed by all the undersigned,
CI OF CANTON: Atte
By: Kent . Mc dwell, Mayor Dia a avle ock, City Clerk
I/ pz2/
Date
END W0FTHZ-ROAD,'- G'� DR. RANDY HLINEDINST:
By: ' jv4ae4he ��uv�s y: Dr. Randy Kline inst%
Its:
Date Date
Page 2 of 2
Addendum to Real Estate Sale Agreement
This Addendum to Reat Estate Sale Agreement is entered into on March��, 2022
by and between the City of Canton, an Illinois municipal corporation,hereinafter Seller, and the
JGHN W.AND GLORIA DAMS LAND TRUST NUMBER 1,'hereinafter Purchaser.
The Seller and the Purchaser agree that the closing on the sale and purchase of the
property located on Dal`Bar road, Canton,Illinois, shall take-place on or before April 22,2022.
Thus, the closing date in the Real Estate Sale Agreement dated August 20, 2021 is amended to
on or before April 22,2022.
All of the other terms and conditions of the Real Estate Sale Agreement entered into on
Augast-20,2021 shalt remain in full force and effect
Entered into this day of March,2022.
SELLER: BUYER:
CITY OF CANTON JOHN W.AND G ORIA D.DAVIS
L; ER'I
K Mc a 1,Ivf W.Davis,Co-Tray ee
}
Atte
Gloria D.Davis,Co-Trustee
f .2A-
Dian ock, C
AMENDMENT TO THE STANDARD FORM OF AGREEMENT
BETWEEN CITY OF CANTON AND CONTRACTOR -
THIS AMENDMENT to the Standard Form of Agreement dated April 25, 2022
(hereinafter the"Amendment)is dated as of the 23rd day of May, 2022 by and between The City
of Canton (hereinafter called "CITY") and Brett Ewing DB/A Ewing Excavating (hereinafter
called"CONTRACTOR") (collectively,the"Parties").
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
1. On April 25,2022,the CITY and CONTRACTOR entered into a Standard Form of
Agreement (hereinafter the "Agreement") for CONTRACTOR to perform WORK (as defined in
the Agreement and Contract Documents submitted on or about December 3, 2021 (the "Contract
Documents"))to be completed within 30 days of the Notice to Proceed.
2. As of May 23, 2022, it is anticipated that CONTRACTOR will fail to comply with
the terms of the Agreement, mainly, completing the WORK within 30 days of the Notice to
Proceed which was dated on or about April 25,2022.
3. Pursuant to the Notice of Award, dated on or about April 6, 2022, the Notice to
Proceed, and Contract Documents, CONTRACTOR is required to maintain insurance for the
duration of the WORK.
4. However, CONTRACTOR, since April 25, 2022, allowed its insurance to be
terminated in violation of his demolition permit and the Contract Documents.
5. In an attempt to resolve this matter without litigation and further expense,
CONTRACTOR agrees to reinstate his insurance and perform the WORK, as defined in the
original Agreement and the Contract Documents,by 5:00 P.M. on May 27,2022.
6. It is further understood and agreed by the parties to this Amendment that if
CONTRACTOR fails to perform the WORK by 5:00 p.m. on May 27, 2022, the CITY and Dr.
Randy Klinedinst shall be deemed released, discharged, held harmless, and indemnified from all
liability and/or obligations related to or arising from the Agreement, including without limitation,
any payment obligations of the CITY and/or Dr. Randy Klinedinst.
7. If CONTRACTOR fails to completely perform the WORK by May 27, 2022, the
Agreement will be terminated, null and void, and the CITY will have no further obligations
thereunder. -
8. CONTRACTOR is required to maintain valid insurance, licenses, and permits, to
the satisfaction of the CITY,while performing the WORK.
9. A Certificate of Insurance must be provided upon the execution of this Amendment,
to be effective until the completion of the WORK in amounts satisfactory to the CITY.
10. The right of CONTRACTOR to payment for the WORK will be contingent upon
the timely completion of the WORK as set forth in this Amendment,the delivery of the Certificate
of Insurance, and the effectiveness of insurance coverage through and including the date of
completion of the WORK,with the CITY being an additional insured thereon.
11. This Amendment shall be binding upon the heirs, successors, administrators,
executors and assigns of the parties hereto.
12. . The Parties agree that the laws of the State of Illinois shall be utilized in construing
this Amendment and in enforcing the rights and remedies of the Parties. Any litigation arising out
of a dispute concerning the Amendment shall be litigated in Fulton County, Illinois. The parties
agree to venue in Fulton County, Illinois for all such disputes concerning this Amendment.
13. If any suit or action or other proceeding is commenced to enforce or interpret any
of the terms or provisions of this Amendment or the Agreement,the prevailing party in such suit,
action or other proceeding shall be entitled to an award against the other party for the prevailing
party's reasonable attorney's fees and costs incurred both at trial and any appeal.
14. Except to the extent modified herein, the Agreement dated April 25, 2022 and all
Contract Documents remain in full force and effect unless otherwise modified in writing by the
parties. The Agreement, Contract Documents, Notice of Award, Notice to Proceed, and this
Amendment are the complete agreement of the parties, except as otherwise modified in writing by
the parties, and there are no other agreements between the parties.No amendment or modification
of this Amendment shall be effective unless in a writing executed by all Parties whose interests
are affected by the modification.
15. If any provision of this Amendment is held to be invalid or unenforceable, all
remaining provisions will continue in full force and effect.
16. CONTRACTOR has read and understands the terms of this Amendment and
voluntarily enters into this Amendment without coercion.
This Amendment will be effective on May 23, 2022. The Parties,by their signatures below, have
executed this Amendment and agree to be bound by it.
CITY CONTRACTOR
L
BY BY /2 Al
[CORPO ESE [CORPORATE SEAL]
ATTEST iy ATTEST
I �
Address for giving notices: Address for giving tices:
2 N. Main
Canton, IL 61520
License No.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
Policy Change Number 2
POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY
BAK-93044-1 05/06/2022 Crum &Forster Specialty Insurance Company
NAMED INSURED
Brett Ewing
COVERAGE PARTS AFFECTED
CHANGES
IT IS HEREBY AGREED AND UNDERSTOOD THAT THE FOLLOWING CHANGES HAVE BEEN
MADE TO THE ABOVE REFERENCED POLICY:
In consideration of an additional premium of$3,019.00 and it is hereby agreed and understood that
the above referenced policy will be Reinstated effective 05/06/2022.
Reason: Payment Received
Full Term Policy Premium: $4,025.00
(Excluding all fully earned charges
and taxes/fees)
Pro Rata Premium: $3,019.00
State Tax: $106.00
Stamping Fee: $2.00
Total: $3,127.00
ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME
AUTHORIZED REPRESENTATIVE Authorized Representative Signature
VViIliam Martin
IL 12 01 1185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1
Copyright, ISO Commercial Risk Services, Inc., 1983