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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 . ]