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HomeMy WebLinkAboutResolution #0974~,1 -' RESOLUTION NO. 974 A RESOLUTION APPROVING A "WATER PURCHASE CONTRACT" BETWEEN THE CITY OF CANTON, ILLINOIS, SELLER, AND THE CITY OF CUBA, ILLINOIS, BUYER WHEREAS, the Legal and Ordinance Committee has determined that it is in the best interest of the City of Canton to sell water to the City of Cuba in conformity with a certain "Water Purchase Contract," Exhibit A hereto; and, WHEREAS, the City Council of the City of Canton, Fulton County, Illinois has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That that certain "Water Purchase Contract," Exhibit A hereto attached and herein incorporated by reference, is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver the same on behalf of the City of Canton. 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 psramhar 1982, upon a roll call vote as follows: AYES: Aldermen Horr, Larsen, Carl, Grant, Sarff, Savill, Hammond, Kovachevich. NAYS: None. ABSENT: None. APPROVED: Donald E. Edwards, Mayor. ATTEST: an y hi s, City Clerk. ,. • ~ ~ _ -- RESOLUTION N0. 46G A RESOLUTION APPROVING A "WATER PURCHASE CONTRACT" BETWEEN THE CITY OF CAi~ITON, ILLINOIS, SELLER, AND THE CITY OF CUBA, ILLINOIS, PURCHASER WHEREAS the City Council of the City of Cuba, Fulton County, Illinois has determined after careful study that it is in the best interests of the City of Cuba to purchase water from the City of Canton, Illinois in conformity with a certain "Water Purchase Contract:", a copy of which is attached hereto, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cuba, Fulton County, Illinois: 1. That the "Water Purchase Contract" attached hereto and incorper~~ted herein by reference is approved hereby by the City Council of Cuba. 2. That the Mayor and City Clerk are authorized and directed hereby to execute and deliver the same on behalf of the City of Cuba. 3. That this resolution shall be in full force and effect immediately upon its approval by the )vlayor and City Council. APPROVC,D by the Mayor and City Council of the City of Cuba, Illinois on the 15th day of pecember 198? r'~y e: Aldermen Haynt>.s, Gasparovic, Yocum, Baughman, Hensley and Lemon Nay : None. Absent : "~fone Cuba, Illinois APPROVE) by the Mayor of the City of Cuba, Illinois this 15th day of f?ecenrber 198 .~,, ~' Mayor Cuba, Illinois ATTEST: i y er Cuba, Illinois CERTIFICATION I, the undersigned Kevin Stoneking, certify hereby that I am City Clerk of the City of Cuba, Fulton County, Illinois, the legal custodian of the records and ordinances of the City Council of the City of Cuba, and that the foregoing is a true and correct copy of a resolution entitled: RESOLUTION NO. 464 A RESOLUTION APPROVING A "WATER PURCHASE CONTRACT" BETWEEN THE CITY OF CANTON, ILLINOIS, SELLER, AND THE CITY OF CUBA, ILLINOIS, PURCHASER That the same was adopted by the City Council and approved by the Mayor on the 15th day of December , 19 82 . IN WITNESS WHEREOF I have affixed my signature and the seal of the City of Cuba hereto this 16th day of December 19 82 . e in Stoneking -City Clerk Cuba, Illinois :; . USDA-FHA Position S .- Firm FHA 442-30 •- (Rev. 4-29-72) WATER PliftCHa~E CONTRACT This contract for the sale and purchase of water is entered into as of the nth day of December 19 82 ,between the City of Canton , an Illinois Munis~ Co ~orati ~n~ y (Address) ~.r ~S hereinafter referred to as the "Seller" and the Cit:~f Cuba,. an Ill'no' s ini _i nal (;o,-~u»-aton, (A ddreaa) hereinafter referred to as the "Purchaser", IyITNESSETH: an Act to provide for the incorporation Whereas, the Purchaser is organized and established order the provisions of J ~. o l~~es~ro~ d~Apr 1 10 ~ 1872 ~~ and operates ~aCi~~~S~ a water supply distribution system serving water users within the area described in plans now on file in the office of the Purchaser and to accomplish this purpose, the Purchaser will require a supply of treated water, and Whereas, the Seller owns and operates a water supply distribution system with 'a capacity currently capable of serving the present customers of the Sellers system and the estimated number of water users to be served by the said Purchaser as shown is the plans of the system now on file in the office of the Purchaser, and Whereas, by resolution ;qo, 974 enacted on the 7th day of _ December 19 8 2 , by the Seller, the sale of water to the Purchaser in accordance with the provisions of~~~-this enntract was approved, and the execution of this contract carrying out the said _ contract by the Mayor and attested by~e~/$~pce was duly authorized, and . Whereas, by -resolution of the City Council of the Purchaser, enacted on the 15th day of December 19 ~_, the purchase of water from the Seller in accordance with tae terms set forth in ~ilII th ' s nn _ was approved, and the execution of this contract by the 2'Iayor and attested by thg~~lt1~]ir7,F was duly authorized; Clerk Now, therefore, in consideration of the foregoing and the mutual agreements hereinafter set forth, ~cx~~;~»~ A. SELLER AGREES 1. (Quality and Quantity) To furnish the Purchaser at tae point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the State of Illinois and United States of America is such quantity as may be required by the Purchaser~Lrc'~xxxxxxxXX 1~1~~g~[WY~, for use by consumers of Purchaser. _ .• * U. S. GuvERNMENT PRINTING OFFicrr 1976-665-052/23 FHA 442-30 (Rev. 4-19-72) Exhibit "A", Resolution No. 2. (Point of Delivery and Pressure) That water will be furnished at a reasonably constant pressure calculated at _ 45PSI from as existing Pi sht inch main supply at a point located __ at the Junction of Fulton County Routes 5 and 22. if a greater pressure than that ~op>~~Ze at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be home by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such teasoaable period of time as may be necessary to restore service. 3. (Metering Equipment) To ~![t#43~tK]'tXoperate, X~s>gg{gtiiiK~6K1R~~~FrK~A at point of delivery, the accessary metering equipment, including a meter house or pit, and required devipes of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two percent (296) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the ~~~~ six months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to'be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amouai. The metering equipment shall be read on _ monthly basis An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser at the above address not later than the 20th day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. ~xx~tfu-~'px6s0~1set~gO[9s]C XXXXXKX~~YYtl~1fC8~iffib~12~t1f}~CXB~~a~S~i~t}Itacx $ xxxx xx~}~X33~i}L?rP~1D]k3~K dl~ir~rbd~GX~€~SiFi~r3EX3k#E~i~}fb3}ia3~~lfifi~tl}~E3b1i;~'ilt3cx 3cx_x~rxxxxxxxxxxxxxxxxfa,Ythx f~uxxxxxxxxxxxxxxxxgg~~~p~~~~~X xxxM~,~X KXx4cxxxxxxxxxxxxxit~t+S?p~,Y.f pXjgxadxxxxxxxx~rxxxxxxxxerz~i~~pj XXXI~K_nxxxxxxxxxxxx xxxxxx~afi~g KXX4{xxxxxxxxxxxxxxsa~ctarp~~~p{}tpt~xxxxxxxxxxxxxxxx ~I~xrX B. PURCHASER AGREES: 1. (Rates and Payment Date) To pay seller, not later than the 20th day of the following month,. for water delivered in accordance with the water rate schedule presently existing under an ordinance of the City of Canton, a copy of the schedule being attached as an exhibit A to this contract, as the same may from time to time be amended•or changed.. Seller agrees that at no time will rates for water furnished purchaser exceed rates charged to general public consumers residing within the City of Canton. Purchaser understands that the schedule of rates for water delivered under the terns of this contract are subject to modification from time to time. However, any increase or decrease in said rates shall be based on a demonstrable increase~or decrease in the costs of production of water. Purchaser agrees not to sell water to customers outside its corporate limits without first obtaining the written consent of seller for each proposed sale. 2. (Connection Fee) To pay as as agreed cost, a coaaection fee to connect the Seller's system with the system eller's tap fee effective r;a~ ~ 182 of the Purchaser, si~p}of{a arxxxxxxxv~rx~-~zsrx,-~ k is 'sha cover any and all costs of the Seller for installation of the metering equipment and appllrtenanCeS •---r` ---~------- ------~--------_-- -------~~-------- - -- - " '' 3. To ftmlish and install at its own e~ense at point of delivery specified in - -• Section A 2 above, the necessary metering equipment, including a meter house or-pit and • ~ required devices of standard type for properly measuring the quantity of water delivered to Purchaser. Meter to be approved by Seller. C, IT IS NIIJT[IALI,Y AGREED BETWEEN SELLER AND PUR(IiASER: 1. erm o on rac a rs con rac s a ex en or a erm o years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser. 2. (Delivery of Water) That ~'tN days prior to the estimated date of completion of construction of the Purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water. 3. (Water for Testing) When requested by the Purchaser the Seller will make available to the Contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of he Puoclraser durln roost c ' es r e ofrwhether ~ha metering equipment has been installed at that time, ate ra~es in accoz~tlanc`~ ~$it~ir Spe~`f ~er s orcllnance lCX~~xxx~x~x~~xx~xx~hich will be and b the contractor or on his failure to a b the Purchaser. P Y ~ P Y, Y easonably 4. (Failure to Deliver) Tbej~t~e Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be,,//nnecessary to furnish the Purchaser with quantities of water required by the Purchaser. Temporary or partial failures to deliver water shall be remedied with all dispatch, In the event of an extended shortage of water, or the supply of water available to the Seller is other ise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminishe in the same r do or proportion as the supply to Seller's consumers is reduced or diminished. reasonable S. (Modification of Contract}~t~xh4}slcxg~pfx~txt~aatxacgp~az~ox~c~axbe~eafxata~xttt~l~ ~detb¢tarec~h~e~nuo>so~t~ef~e ~x.~tay}mcat~x~cat ~dt~'~~lL9t:~t}Ck~1~bt~X~ r~'a'~~cr7id~3~~f&[36M}t&[Hafiti7E~~te`IIKrKi~~~eY~t~~}t~Yc~i. x~sb~CD¢~~ocbZdt~D~[efl~d7c~ti¢~~of~tbDC~tb~dXbtdtet8lrovisions of this contract may be modified or altered by mutual agreement. 6. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith. 7. (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being fiaanced .by a loan made or insured by, and/or a grant from, the United States of America, acting through the Farmers Home Administra- tion of the United States Department of Agriculture, and the provisions hereof pertaiaing to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. ' 8. (Successor to the Purchaser) That in the event of any oecurence rendering the Purchaser incapable of per- forming under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. .. 9. Purchaser agrees to pay for the installation. of a main from the existing terminus of the City of Canton water main on West Hickory Street at the Junction of Fulton County routes 5 and 22 to connect the service to the present water system of Purchaser. 10. Seller agrees to acquire and bear the expense of all easements for the project required within Seller's corporate limits and Purchaser agrees to acquire and bear the expense of all easements required outside the corporate limits of Seller. 11. This agreement is subject to Purchaser receiving a commitment from Farmers Home Administration of the United States of America or other lender to finance the improvements contemplated by this agreement. In the event no commitment for financing is received for this~project~on or before December 31, 1984, then at the option of either party hereto, this agreement may be declared null and void by giving the other party notice in writing of the declaration.. IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in three counterparts, each of which shall constitute an original. SELLER City of Canton Mayor PURCHASER City of Cuba r ATTEST ~ r ATTEST: rc This contract is approved on behalf of Farmers home Administration this 22nd day of December 19 82 B ROBERT W. CHAMBERS State Director :, ....; ,' f 1. "Biochemical Oxygen Demand (BOD)" shall mean the .quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) Centigrade, expressed in milligrams per liter. 2: "Superintendent" shall mean the Superintendent of wastewater facilities and/or wastewater treatment works of the City, or his authorized deputy, agent, or representative. 3. "Suspended Solids" shall mean total suspended matter that either floats on the surface of, or in in suspension in water, wastewater or other liquids and that is removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and "~ Wastewater" and referred to as nonfilterable residue. (B)Water Rates. There shall be and where are hereby established rates or charges for the use of and for service supplied by the Waterworks System of the City of Canton, Fulton County, Illinois, based on the amount of water used, as shown by the water meters, as follows: (C) Water Rate Schedule. The minimum. monthly charge for water services shall be Two Dollars and Fifty Cents ($2.50). In addition to such minimum charge, the following rates shall be charged for water actual- ly used: Amount Used Price per 100 cu. ft. For, each 100 cubic, ~ $0.820 feet of portion thereof All water users outside the City limits shall pay two hundred percent (2000) of the foregoing rates, except as otherwise provided by the City Council. (D) Sewer Rates: There shall be and there are hereby established rates or charges for use of the .sewer system of the City and;for treatment of sewage by the City, based upon the amount of water used, as shown by the water meters as follows (E) Service Charge: Each sewer user. shall pay a service ,charge in the amount of Two Dollars ($2.00) per month. (F) Volume Charge: In addition to the service charge, each sewer user- shall pay a volume charge of sixty-seven and five tenths cents ($0.675) per one hundred cubic feet, or portion thereof, based on volume of water used as shown by water meter. In the .event of sewer users who do not purchase water from the City, the sewer volume charge shall be based on metered water use, metered sewer use or an estimate of water used as determined by .the Superintendent. -4- ` ;= . . USDA-FHA pDf1t1O1 S F~?ern FHA 442-30 '~ ~°1 ~ (Re'v. 4-19-72) WATER PliRCH:~SE CONTRACT This contract for the sale and purchase of water is entered into as of the day of r 1982 ,between the~ity of Canton. an I linois Muni _;F 1 ('.orno ar;~n~ , (Addrsaa) .'v "•' . hereinafter referred to as the "Seller' and the City of Cuba,. an Illi noj,~ Muni ri nal_ Cnrrn nratj.pnr (A ddrtas) hereinafter referred to as the "Purchases", tyITNESSETH: Whereas, the Pnrchaser is organized and established under the provisions of of the . ~~osrT11 inns ~ RP~ri aP~l S ar,ltaa and operates ~~e~&anxst~otl~~~t~a~ a water supply distribution system serving water users witbia the area described is plans aow on file in the office of the Purchaser and to accomplish this purpose, the Purchaser wiU require a supply of treated water, and Whereas, the Seller owns and operates a water supply distribution system with 'a capacity currently capable of serving the preseat customers of the Seller's system and the estimated number of water users to be served by the said Purchaser as shown in the plans of the system now on file in the office of the Purchaser, and Whereas, by resolution qo. 974 enacted on the 7th day of _ December 19 13 2 , by the Seller, the sale of water to the Purchaser in accordance . with the provisions ofI~t this eOntrart was approved, and the execution of this contract carrying out the said contract by the _ Mayor and attested by the/~cgtetyt was duly authorized, and ' Clerk whereas, by resolution of the City Council _____ . of the Purchaser, exacted on the day of , 1g the purchase of water from the Sellecin accordance with the terms set forth in ~d phis contract was approved, and the execution of this contract by the Mayor ~ and attested by that was duly authorized; Clerk Now, therefore, is consideration of the foregoing and the mutual agreements hereinafter set forth, ~xx~tl~~ttr~a: A. SELLER AGREES 1. (Quality aad Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable treated v~ater meeting applicable purity standards of the State of Illinois and United States of America Ic such quantity as may be required by the Purcbaser`4•xxxxxxxxxl~~~X~~, for use by consumers of Purchaser. ., ~ U. S. G;ivERNMENT iRINTING OfFICF. 197t<-665-052/27 FHA 442-30 (Rev. 4-19'72) Exhibit "A", Resolution No. q7~ 2. (Point of Delivery and Pressure) That water will be furnished at a reasonably constant pressure calculated at __45PS I from as existing e i eh t inch main supply at a point located ._^ at the Junction of Fulton County Routes 5 and 22. if a greater pressure than that ~ppj~ at the point of delivery is required by the Purchaser, the cost of proYiding such greater pressure shall be borne by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failnre, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such reasonable period of time as may be necessary to restore service. 3. (Metering Equipment) To ~pd~Coperate, 7~axlc~g{AQ3~iK?SK~~~~r1~~Yp~g~C at point of delivery, the necessary metering equipment, including a meter house or pit, and required devipes of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two percent (296) above or below the test result shall be deemed to be accurate. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the ~~~~ six months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for nay period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on __monthly basis An appropriate official of the Purchaser at all reasonable times shall have access to the meter for the purpose of verifying its readings. 4. (Billing Procedure) To furnish the Purchaser at the above address not later than the 20th day of each month, with an itemized statement of the amount of water furnished the Purchaser during the preceding month. ~xx t~iset~b~assx XX7X/tXX~"XyYp7~~y~~~y~L ~~~sL~:~'`~'~u~~{C~~z}k. >~~t,4~x xYXXXx~7p~x1~~~~y~y~7~ i~OfiWf~GL0l0_-~11~-7-iAilWlWJKl6lf~°"~~,}~~~li~.~'-+'PX 7i1 ! ~'.fa..r. ~cxx~r~xxxxxxxxxxxxxx ~~'r~hx~uxxxxxxxxxxxxxxxxp~~~p~~~~~x XXXC1~tXi}~g ~x~k~xx~xxxxxxxxx~~~~pXr~xxxxxxxgx x~nrxxxx>~ -.. t>d0[~Dt XXXkxe~traaxxxxxxxxxxxxxxxxxxt~aascx ~"~~~~~'.O~SiQX4L~t@[}tDC~xxxxxxxxxxxxxxxxxagp~~ x B. PURCHASER AGREES: - 1. (Rates and Payment Date) To pay seller, not later than the 20th day of the following month, for water delivered in accordance with the water rate schedule presently existing under an ordinance of the City of Canton, a copy of the schedule being attached as an exhibit A to this contract, as the same may from time to time be amended•or changed.. Seller agrees that at no time will rates for ~vater furnished purchaser exceed rates charged to general public consumers residing within the City of Canton. Purchaser understands that the schedule of rates for water delivered under the terns of this contract are subject to modification from time to time. However, any increase or decrease in said rates shall be based on a demonstrable increase~or decrease in the costs of production of water. Purchaser agrees not to sell water to customers outside its corporate limits without first obtaining the written consent of seller for each proposed sale. 2. (Connection Fee) To pay as as agreed cost, a connection fee to connect the Seller's system with the system ~eller~s tap fee effective ria~ ~ 182 of the Purchaser xop xxxxxxxx~rvr~rx~uxrs w is 'sha cover any and all costs of the Seller for installation of the metering equipment and aPPurtenances .% ~ -~ 3. To furnish and install at its own expense at point of delivery specified in _'- Section A 2 above, the necessary metering equipment, including a meter house or pit, and . required devices of standard type for properly measux•ing the quantity of water delivered to Purchaser. Meter to be approved by Seller. ~cMx~~C~t~~taa~tg~y~ad~bxzsaenc~ttae:3xtkxamd~e~Pxncl~secxxfa>tte~es: C, IT IS NH.]TUALI.Y ?GREED BETWEEN SELLER AND PURCfiHSER: 1. enn o on roc a is con cac s a ex en or a erm o years from the date of the initial delivery of any water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such teen, or terms, as may be agreed upon by the Seller and Purchaser. 2. (Delivery of Water) That ~~ days prior to the estimated date of completion of construction of the Purchaser's water supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water. 3. (Water for Testing) When requested by the Purchaser the Seller will make available to the contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of he Puachasec durIn conat c ' es s e of~whether a metering equipment has been installed at that time, at7d ra~es in acco~lanc`~ ~$~'t~`i Spe~`.~~er s ordnance 11:7D~~~x~~x xhich will be aid b the contractor or on his failure to a b the Purchaser. P Y P Y, Y easonably 4. (Failure to Deliver) Th t~e Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be. ecessary to furnish the Purchaser with quantities of watee required by the Purchaser. Temporary or partial failures to deliver water shall be remedied with all iiispatch. In the event of an extended shortage of water, or the supply of water available to the,Seller is other ise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminishe iq the same ratio or proportion as the supply to Sellers consumers is reduced or diminished, reasonable S. (Modification of Contract}~iDgpf}~X~~~ ~~~ bQ~D¢lKBte~ffipb~eZt~II[10t~tt7e ~p1S~9dX~tbiy}~2i6i1titX4{OL 7d~i~Xl~}~~lC~C9#~*[ec]f~~?t~Sb~X@~ ~drXd~~~ah~2i5Mli~C3fofi~i~rN~~~C~eBeYt~~1~}t~EYcK XD~csb~i:~tx~b~cdexiDOxefl~xatiax~ofcthx Xbtdte[Btirovisions of this contract may be modified or altered by mutual agreement. 6. (Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be cequired to comply therewith. 7. (Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed .by a loan made or insured by, and/or a grant from, the United States of America, acting through the Farmers Home Administra- tion of the United States Department of Agriculture, and the provisions hereof pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of the Farmers Home Administration. ' 8. (Successor to the Purchaser) That in the event of any occurence rendering the Purchaser incapable of per- forming under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder. ' .r . --- _ 9. Purchaser agrees to pay for the installation. of a main from the existing terminus of the City of Canton water main on West Hickory Street at the Junction of Fulton County routes 5 and 22 to connect the service to the present water system of Purchaser. 10. Seller agrees to acquire and bear the expense of all easements for the project required within Seller's corporate limits and Purchaser agrees to acquire and bear the expense of all easements required outside the corporate limits of Seller. 11. This agreement is subject to Purchaser receiving a commitment from Farmers Home Administration of the United States of America or other lender to finance the improvements contemplated by this agreement. In the event no commitment for financing is received for this~project~on or before December 31, 1984, then at the option of either-arty hereto, this agreement may be declared null and void by giving the or.'~x party notice in writing of the declaration. IN WITNESS WHEREOF, the parties hereto, acting under autho..tity of their respective governing bodies, have caused this contract to be duly executed in three counterparts, each of which shall constitute an original . ~ --r~-- SELLER City of Canton PURCHASER City of Cuba Mayor ATTEST: ~ e ayor ATTEST: er -• - .. GILBFRT LEMON, MAYOR 642 VAN BURFN STREET RFSI~FNCF: 309/185-8048 CITY OF CUBA CITY HALL 40a EAST JE~fERSON CUBA. ILLINOIS 81427 aoa/~sa•aa7~ Januahy 5, 1983 KEVIN STONEKING. CITY CLERK a04 NORTH 81%TH RESIDENCE: aoa/sae-as~a C.cty o ~ Cav~ton The fionon.a.6.2e Mayan Dona.~d ~. Bdwande 8 Membe~ca o~ the C.cty Caunc,i,P. 210 Fa.dx Ched~nu~ Cav>-tan, LP.~i.na.c~s 615 2 0 Dean Mayon Fdwanda: Fnceo.a ed you w~2 ~~.nd yaun copy o ~ the Ula~e~c• Pun.cha~s e Con~ca.c~ a.~ang with a centi:~~:ed copy o~ Cuba'a Re6o.2c,~ti.an aprycov~,ng the con~.ac.t. We appreciate ge~ti.ng the appantu.nity ~o puncha~e waken. ~tcom the C.cty o~ Cav-~on and w,c,Z2 he.2p ~.n the be~,tenment o~ our. cammun.ity. Reis pect~u.?.e y, CITY OF CUBA ~ ~~' 1 ~. G.ce.ben t Leman, Mayon FnC.e.ob uh.eb