Resolution No. 2005-01
Resolution committing to enlarge the opening of the Colfax Center Street Culvert
Whereas, the Village of Colfax has requested the Village engineer to assist with replacement of the Center Street Culvert
Whereas, The Village Engineer has submitted an application to the Illinois Department of Natural Resources for a permit to construct a new culvert.
Whereas, The Illinois Department of Natural Resources determined that the opening of the proposed new bridge will not be of sufficient size to pass flood flows without creating backwater conditions that exceed the Department's rules If and when the adjacent upstream culverts are removed or replaced.
Whereas, The Illinois Department of Natural Resources will issue a permit for the proposed new bridge with the condition that the Village of Colfax adopt and record a resolution committing to enlarge the opening of the Center Street Culvert in the future when the upstream openings are increased
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF THE VILLAGE OF COLFAX, Mclean County Illinois as follows:
That the Village of Colfax will enlarge the opening of the Center Street culvert as necessary to accommodate any future enlargement of the 2 adjacent upstream culverts in order to reduce the structures' obstruction to flood flows and resultant flood damages to upstream properties.
Be it further resolved that this Resolution shall be in full force and effect upon its passage and approval, and the issuance of the Permit by the Illinois Department of Natural Resources,

Passed and Approved at a regular meeting of the Village Board of the Village of Colfax, McLean County Illinois, the day of July, 2005.

AYES: Gary Milton, Dennis Farney, Barton Rigsby. Carol Stephenson, Rick Waqoner
Nayes: -0-
Absent: Jack Messamore, Deceased.

Attest:

signature on file
Nancy Kiper, Village Clerk

signature on file
Ric Onken, Mayor

                                                                                                                                                                 

RESOLUTION NO. 2005-02
A RESOLUTION CLARIFYING THE DIVISION OF DUTIES AND RESPONSIBILITIES BETWEEN THE VILLAGE TREASURER AND VILLAGE CLERK AND IMPOSING ADDITIONAL DUTIES UPON VILLAGE CLERK PURSUANT TO SECTION 3.02 (1) OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX McLEAN COUNTY. ILLINOIS
PASSED: October 18, 2005
APPROVED: October 18,2005
EFFECTIVE DATE: October 18,2005
PUBLISHED IN PAMPHLET FORM: October 18, 2005

RESOLUTION NO. 2005-02
A RESOLUTION CLARIFYING ThE DIVISION OF DUTIES AND
RESPONSBILITIES THE VILLAGE TREASURER AND VILLAGE CLERK AND IMPOSING ADDITIONAL DUTIES UPON VILLAGE CLERK PURSUANT TO SECTION 3.02 (1) OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY. ILLINOIS
WHEREAS, the President and the Board of Trustees of the Village of Colfax have fully considered the need for the clarification and description of the duties and responsibilities between the Village Treasurer and Village Clerk of the Village of Colfax and that certain additional duties should be specifically assigned; and
WHEREAS, the President and the Board of Trustees of the Village of Colfax have determined that this resolution, due to urgency, shall be in full force and effect from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
BE IT RESOLVED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF COLFAX, ILLINOIS, AS FOLLOWS:
SECTION 1. Pursuant to Section 3.02 (1) and for purposes of clarification of certain dutils and responsibilities. assigned to the Village Clerk and Village Treasurer which are in addition to the duties and responsibilities specifically set forth in the Municipal Code of the Village of Colfax and Illinois Statutes, the Board of Trustees specifically assigns the following duties to the Village Clerk:
a. All matters related to employee payroll and related matters;
b. Accounts Payable--monthly bills and related matters excepting public works contracts
c. Direct collection of monies payable to the Village of Colfax; and
d. Periodic Payroll Tax Reports.
SECTION 2. For purposes of clarification of certain duties and responsibilities assigned to the
Village Clerk and Village Treasurer which are in addition to the duties and responsibilities specifically set forth in the Municipal Code of the Village of Colfax and Illinois Statutes, the Board of Trustees specifically assigns the following duties to the Village Treasurer
a. Accounts Payable related to public works contracts;
b. Maintaining the General Ledger and all other related bookkeeping matters;
c. Preparation of the Annual Treasurer's Report and Presentation of the Annual Treasurer's Report to the Mayor and Board of Trustees in a timely manner;
d. Preparation of the Annual Tax Levy in conjunction with the Finance and Audit Committee and Presentation of the Annual Tax Levy to the Mayor and Board of Trustees in a timely manner for passage of the same in accordance with the laws of the State of Illinois;
e. Preparation of the Village Budget in conjunction with the Finance and Audit Committee and Review and Presentation of the Budget and related matters from time to time as may be requested by the Mayor and Board of Trustees;
f. Review, Preparation and Presentation of Motor Fuel Tax reports, annually and periodically and related matters from time to time as may be requested by the Mayor and Board of Trustees; and
g. Review and Reconciliation of all Village Bank Accounts.
SECTION 3. That this Resolution, due to urgency, shall be in full force and effect from and after its passage and approval in booklet form, according to the laws of the State of Illinois.

AYES: Gary Milton; Dennis Farney; Barton Rigsby; Carol Stepheson; Lonnie Meiner; Rick Wagoner
NAYS: -0-
ABSENT: -0-

APPROVED:

signature on file
President, Board of Trustees
Village of Colfax, Illinois

PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.
APPROVED by the Mayor of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.
PUBLISHED in pamphlet form by authority of the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.

CERTIFICATION OF RESOLUTION PUBLISHED IN PAMPHLET FORM

STATE OF ILLINOIS )
                            )SS
COUNTY OF McLEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on October 18, 2005, the Corporate Authorities of such municipality passed and approved Resolution No. 2005-02, entitled "A RESOLUTION CLARIFYING THE DIVISION OF DUTIES AND RESPONSIBILITIES BETWEEN THE VILLAGE TREASURER AND VILLAGE CLERK AND IMPOSING ADDITIONAL DUTIES UPON VilLAGE CLERK PURSUANT TO SECTION 3.02 (1) OF THE MUNICIPAL CODE OF THE VILLAGE OF COLFAX, McLEAN COUNTY, ILLINOIS", which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Resolution No. 2005-02, including the Resolution and a cover sheet thereof, was prepared, and a copy of such Resolution was posted in the municipal building, commencing on October 18, 2005, and continuing for at least ten days thereafter. Copies of such Resolution were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this 18th day of October, 2005

signature on file
Municipal Clerk, Village of Colfax

                                                                                                                                                                

ORDNANCE NO. 2005-06
AN ORDINANCE AUTHORIZING AND APPROVING THE USE AND OCCUPATION BY THE EASTERN Mc LEAN COUNTY AMBULANCE
ASSOCIATION OF CERTAIN REAL ESTATE OWNED BY THE VILLAGE OF COLFAX, Mc LEAN COUNTY, ILLINOIS
PASSED: October 18, 2005
APPROVED: October 18, 2005
EFFECTIVE DATE: October 18, 2005
PUBLISHED IN PAMPHLET FORM: October 18,2005

ORDINANCE NO. 2005-06
AN ORDINANCE AUTHORIZING AND APPROVING THE USE AND OCCUPATION BY THE EASTERN Mc LEAN COUNTY AMBULANCE
ASSOCIATION OF CERTAIN REAL ESTATE OWNED BY THE VILLAGE OF COLFAX, Mc LEAN COUNTY. ILLINOIS
WHEREAS, the President and Board of Trustees of the Village of Colfix, McLean County, Illinois, have publicly discussed at prior meetings of the Board of Trustees the malts of retainin& selling, transferring, leasing, and/or allowing the Eastern McLean County Ambulance Association to use and occupy (for purposes of facilitating a rescue and ambulance service provider for the Colfax Community Area) the premises commonly described as 124 E. Main Street, Colfax, Illinois, referred to as "The Old Village Hall", and legally described as "The North Fifty Feet (50') of Lot One in Block Eleven of the Village of Colfax, in McLean County, Illinois";
WHEREAS, the President and Board of Trustees of the Village of Colfax, McLean County, Iffinois have publicly discussed in open meetings the costs incurred by the Village of Colts for maintaining and repairing the said premises including equipment located thereon, extraotdinazy utility expenses, insurance expenses, and other miscellaneous expenses;
WHEREAS, the President and Board of Trustees of the Village of Colthx, McLean County; Illinois, have publicly discussed and deterniined that the Village of Colfhx has made only minimal use of the afore-described real estate for the - five years or more and that the said real estate may more appropriately and beneficially be used for the health and safety of the public;
WHEREAS, the President and the Board of Trustees of the Village of Colfax dean it to be in the public interest to take appropriate actions which are supportive of the rescue and ambulance service provided by the Eastern McLean County Ambulance Association by allowing said ambulance service to use and occupy the afore-described real estate pursuant to the agreement which is attached hereto and made a part hereof;
WHEREAS, the President and the Board of Trustees of the Village of Colfax deem it to be appropriate and in the public interest for this, ordinance to be in full force and effect from and after its passage and approval, in booklet (pamphlet) foa according to the laws of the State of Illinois.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS, THAT:
SECTION 1. The Eastern McLean County Ambulance Association is hereby granted the right to exclusive use and to occupy the premises commonly described as 124 E. Main Street, Colfax, Illinois, referred to as "The Old Village Half', and legally described as "The North Fifty Feet (50') of Lot One in Block Eleven of the Village of Colfax, in McLean County, Illinois for

purposes of facilitating a rescue and ambulance service provider for the Colfax Area pursuant to the use agreement which is attached hereto and made a part hereof as "Attachment 1".
SECTION 2. This Ordinance shall be published in pamphlet form and shall become effective upon passage in accordance with the Statutes of the State of Illinois.

AYES: Gary Milton; Dennis Farney; Barton Figsby; Carol Stephenson; Lonnie Meiner
NAYS: -0-
ABSENT: -0-
ABSTAIN: Rick Wagoner

APPROVED:

signature on file
President, Board of Trustees
Village of Colfax, Illinois

PASSED by the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.
APPROVED by the President of the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.
PUBLISHED in pamphlet form by authority of the President and the Board of Trustees of the VILLAGE OF COLFAX, Illinois, this 18th day of October, 2005.

CERTIFICATION OF ORDNANCE

STATE OF ILLINOIS )
                            )SS
COUNTY OF McLEAN )

I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 18th day of October, 2005.
I do further certify that said Ordinance has been placed in the permanent records of said Village where it now appears and remains in the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 18th day of October, 2005.

signature on file
Nancy Kiper, Clerk of the Village of Colfax
McLean County, Illinois.

CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FROM

STATE OF ILLINOIS )
                            )SS
COUNTY OF McLEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on October 18,2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-06, entitled "AN ORDINANCE AUTHORIZING AND APPROVING THE USE AND OCCUPATION BY THE EASTERN Mc LEAN COUNTY AMBULANCE ASSOCIATION OF CERTAIN REAL ESTATE OWNED BY THE VILLAGE OF COLFAX Mc LEAN COUNTY. ILLINOIS" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-06, including the ordinance and a cover sheet thereof: was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on October 18,2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this 18th day of October, 2005.

signature on file
Municipal Clerk, Village of Colfax

SUMMARY OF USE AND OCCUPATION AGREEMENT TERMS
This summrny is of certain terms of the Use and Occupation Agreement. It is not intended to be exhaustive. If anything in the summary conflicts with other specific provisions of this Use and Occupation Agreement, the latter shall control.
A. Owner. The Village of Colfax, 307 N. Harrison, Colfax, Illinois 61728
B. Occupant: The Eastern McLean County Ambulance Association, P.O. Dos 183, Colfax, illinois 61728
C. Common Address of Premises: 124 E. Main Street, Colfax, Illinois
D. Execution Date: October 19, 2005
E. Term: 2 years automatically renewed unless six months notice of termination is given by either party
F. Commencement Date: October 19, 2005
0. Use of Premises: Rescue and Ambulance Service and all related purposes.
H. Maintenance and Repair of Buildint Fixtures, Equipment, Appliances and Personal Property: Tenant's Responsibility
I. Utilities: all utilities to be paid by tenant
I. Insurance: Occupant shall maintain fire, theft and casualty insurance protecting Occupant against loss or damage to Occupant's furniture, flxtures equipment, and all other personal property. Occupant shall also maintain Public Liability Insurance with Owner as co-insured.
K. Assignment and Subletting: Occupant is strictly prohibited from assigning or subletting afore-described premises.

USE AND OCCUPATION AGREEMENT
THIS USE AND OCCUPATION AGREEMENT , made effective the 10th day of October, 2005, by and between The Village of Colfax, an Illinois Municipal Corporation, with its principal office located at 307 N. Harrison, Colfax, Illinois, herein referred to as "OWNER, and The Eastern McLean County Ambulance Association, with its principal office located in Colfax, Illinois, herein referred to as "OCCUPANT".
FOR AND IN CONSIDERATION of the mutual covenants and promises contained herein, the parties hereby agree as follows:
1. The Premises OWNER hereby grants the right to use and occupy to OCCUPANT and OCCUPANT hereby agrees to use and occupy from OWNER, the premises located in the County of McLean, and State of Illinois, commonly described as 124 E. Main Street; Colfax, Illinois, hereinafter referred to as "afore-described premises":
2. Term: The term of this Use and Occupation Agreement shall be for a term of two years commencing on October 19, 2005 which term shall be automatically renewed unless 6 months written notice of tennination is given by either party to the other party.
3. OCCUPANTS: Use and Operation OCCUPANT shall use the afore-described premises only for the purposes of the operation of OCCUPANTS rescue and Ambulance sonic. and for all other related purposes. OCCUPANT shall not use the premises for any unlawfull, improper or immoral use, nor for any purpose or in any manner which is in violation of any present or fixture governmental laws or regulations. OCCUPANT shall during the fa of this Use and Occupation Agreement; continuously use the afore-described premises for the purposes stated herein. Furthermore, the afore-described Premises shall not be used at any time for residential purposes.
4. Utilities: OCCUPANT shall reimburse OWNER, upon written request; or pay directly to the provider of any utility; as the case may be, for all utility costs and expaises including but not limited to all electricity, gas, garbage, and water & sewer services used or consumed by OCCUPANT, its customers or employees on, upon or in the afozedescribed premises. OCCUPANT shall also pay for all of OCCUPANT'S telephone service.
5. Maintenance and Repair: OCCUPANT shall keep and maintain the afbre described premises (including all improvements located thereon but not limited to, the interior and exterior of the building(s) located thereon, and all fixtures and equipment located therein or thereon) in good condition and repair, at OCCUPANT'S own expenst OCCUPANT shall operate all existing heaiin& air conditionint electrical and phinbing systems only in accordance with the proper procedure for the operation of the me and shall be solely responsible for the maintenance and repair of all heatin& air conditionin& electrical and plumbing systems and appliances.
6. Alterations: No alterations, additions or improvements sl*ll be made in or to the aibre-described pwmises without the prior consent, in wiiting of OWNER. All alterations, additions, improvements and fixtures which may be made or installed by OCCUPANT upon the afore-described premises and which in any manner are attached to the floors, walls or ceilings, with the exception of OCCUPANTS displays and trade fixtures, shall be the property of OWNER and at the termination of this Use and Occupation Agreement shall remain upon and be surrendered with the afore-described premises as a part thereof without disturbence, molestatation or injury. Notwithstanding the foregoing, OWNER may designate by written notice to OCCUPANT certain fixtures, trade fixtures, alterations and additions to the afore-described premises which shall be removed by the OCCUPANT at the expiration of this Use and Occupation Agreement The parties may also agree in writing, prior to the installation or construction of any alterations, improvements, or fixtures to the afore-described premises by OCCUPANT that the OCCUPANT may either cause the removal of such items at the time of expiration of this Use and Occupation Agreement, or that they may be left in the afore-descrlbed premises. The OCCUPANT shall, at its expense repair any damages to the afore-descaibed premises caused by the removal of any of its fixtures, alterations, etc.
7. Taxes: OWNER shall pay all real estate taxes and installments of special assessments levied against the building in which the afore-described premises are loraP and coming due during the term of this Use and Occupation Agreement OCCUPANT shall pay all personal property taxes levied against the property of the OCCUPANT contained in the premises, coming due from and after the date of this Agreement
8. Insurance and Indemnity
a. Covenants to Hold Harmless: OWNER shall be defended and held harmless by OCCUPANT fixm any liability for damages to any person or any property In or upon the afore-described premise; including the person and property of OCCUPANT, and its employees and all persons in the premises at its or their invitalions or with their consent, but excluding liability for damages which may have been caused by acts or negligence of OWNER or its employees or agents. All property kept, stored or maintained in the afo prenthes shall be so kept stored or maintained at the risk of the OCCUPANT only. OCCUPANT shall not suffer or give cause for the filing of any lien against the afore-described premises.
b. Fire and Casualty Insurance: OWNER shall obtain and maintain a policy of fire and casualty insurance with extended coverage provisions applicable to the afore-described premises and protecting OWNER against loss to the structure of the premises. OCCUPANT shall be responsible for obtaining a policy of fire and casualty OCCUPANT against loss or damage of or to its furnishings, equipment and personal peoperty in or on the premises.
c. Added Risk. The OCCUPANT shall also pay any increase in the fire and casualty insurance rates or premiums on the afore-described premises caused by any increased risk or hazardous business carried on by the OCCUPANT in the afore-described premises. The determination of the insurance carrier shall be binding upon the parties as to the added risk resulting fiom the OCCUPANTS business. The OCCUPANTS share of the atwntsl aitnu for such insurance, as. required by this paragraph and the preceding paragraph, shall be paid by the OCCUPANT to OWNER within ten (10) days after OCCUPANTS receipt of OWNER'S written request for the same.
d. OCCUPANTS Obligation to Carry Public Liability Insurance. OCCUPANT shall, during the entire term hereof, keep in full force and effect a policy of public

liability insurance with respect to the atom-described premises and the business operated by OCCUPANT, and in which the limits of liability shall not be less than One MIllion Dollars ($1,000,000.00), for personal injuries to any person or persons arising cut of a single accident and Two Hundred and Fifty Thousand Dollars ($250,000.00) for property damage resulting from any one occurrence. OWNER shall be named as an additional insured in all policies of liability. Insurance maintained pursuant to this provision. OCCUPANT shall furnish OWNER with a certificate or certificates of insurance or other acceptable evidence that such insurance is in force at all times during the tenancy of this Use and Occupation Agreement OCCUPANT shall furnish to OWNER additional certificates of OCCUPANTS insurance within twentty (20) days of receipt of a written request by OWNER of such certificate.
9. Late Fee. OCCUPANT expressly agrees to make all payments for all utility costs and expenses as required by paragraph 4 and of insurance premiums as required by paragraph 8 on or before the dates designated herein for such payments. a $10.00 per day late charge shall be impsed for any payment required to be made by OCCUPANT to OWNER hereunder which is not received by the 15th day after the due date for such payment. These fees are to be considered as liquidated amounts representing OWENERS damages and costs of administration on account of the late payment. OCCUPANTS failure to immediately pay the aforementioned fees as they become due shall constitute OCCUPANT in default hereunder.
10. Conduct. OCCUPANT shall not cause or permit any unreasonable or unlauful conduct to take place within or upon the afore-described premises which in any way may disturb or annoy other occupants of the building in which he afore-described premises are located, of adjacent buildings.
11. Signs. No sign, banner, decoration, picture, advertisements, awning, merchandise, or notice on the outside of the afore-described premises, or which can be seen from the outside of the afore-described premises, shall be installed or maintained by OCCUPANT without the prior written approval of OWNER.
12. Access to Premises. OWNER shall have the right to enter upon the afore-described premises at all reasonable hours for the purpose of inspecting the same, or of making repairs, addition of alterations to the afore-described premises or any property owned or controlled by OWNER adjacent thereto.
13. Hazardous Material. OWNER represents to OCCUPANT that OWNER has not received notice from any federal, state, or local govermental unit or agency that the premises has been or is in violation of any statute, regulation, ordinance, or rule including, but not limited to the Comprehensice Enviromental Response, Compensation and Liability Act, 42 USC 6901, etseq. and regulations promulgated thereunder; the Toxic Substances Control Act, 15 USC 2601, et seq. and regulations promulgated thereunder; or the Illinois Enviromental Protection Agency.
a. Prohibition. OCCUPANT expressly covenants and agrees that it will not cause or permit to be brought to, produced upon, disposed of or stored at the afore-described premises any Hazardous Material. For purposes of ths provision, Hazardous Material small mean any substance, in any form which is regulated by statute, regulation, ordinance, or rule including, but not limited to the Comprehensive Enviromental Response, compensation and Liability Act, 42 USC 6901 et seq. and regulation promulgated thereunder, the Toxic Substances Contol Act, 15 Usc 2601, . and regulations promulgated thereunder Or the illinois Environmental Protection Agency ; or any substance which may be harmful to human health or welfare or the environment.
b. Disclosure. Remediation, Liability. Indemnification. OCCUPANT expressly covenants and agrees that in the event any Hazardous Material is produced or stored at, brought to, or released on the afore-described premises on or after October 19th, 2005, by OCCUPANT, its agents, employees invitees, or licensees, or by the negligence of OCCUPANT, its agents, employees, invitees, or licensees.
(i.) OCCUPANT shall immediately notify OWNER of the event
(ii.) OCCUPANT shall take immediate preventive measures to abate the presence of Hazardous Materials at the atom-described premises
(iii.) Occupant shall remediate and clean up the afore-described premises to Owners satisfaction.
(iv.) OCCUPANT shall be solely liable for all costs for removal of any Hazardous Material and for cleanup of the afore-described premises and
(v.) OCCUPANT shall be solely liable for damages arising from any such Hazardous Materials and does expressly indentify and hold harmless OWNER from any claims, liability, expenses or damages, fines, penalties or costs (including actual attorneys fees) therefore.
c. Survival OCCUPANT expressly covenants and apses that the duties, obligations, and liabilities of OCCUPANT under the preceding sections 15(a) and 15(b) t survive the termination of this Use and Occupation Agreement, and are binding upon OCCUPANT and its successors and assigns.
14. Assignment and Subletting. OCCUPANT shall not assign or in any msin. transfer this Use and Occupation Agreement or any estate or interest hçrein or let or sublet the are-described Premises.
15. Default of OCCUPANT/Default of OWNER:
A. Default of OCCUPANT If OCCUPANT shall default in the performance of any of the covenants or conditions which Occupant is required to observe and putfinw tm this Use and Occupation Agreement for a period of thirty (30) days following wiillai notice of such failure, or if OCCUPANT shall abandon or vacate the premises during the Term of this Use Sd Occupation Agreement, or if OCCUPANT shall cease to entirely own all rescue and ambulance operations being carried on upon the premises, then OWNER may, but need not, heat the occwTence of any one or more of the foregoing events as a breach of this Use and Occupation Agreement and thereupon may, at its option, without notice or demand of any k to OCCUPANT terminate OCCUPANT right of possession and repossess the aforedescribed premises without demand or notice of any kind to OCCUPANT, in which case OWNER may take and have full rights of possession and occupation of the afore-described premises.
B. Default of OWNER
The happening of the following event shall constitute an event of default hereunder by Owner
(I) Non-observance or non-performance of any covenant obligation, condition or requirement imposed upon it by this Use and Occupation Agreemeni, includin& but not limited to, the presence of Hazardous Material on the Property, andthe continuation of such non-performance or non-observance Sr a period of thirty (30) days after written notice thereof from Occupant to Owner.
C. Occupant's Remedy Upon Default In the event of an uncured default of Owner, Occupant may cancel and terminate this Use and Occupation Agreement by notifying Owner of Occupant election of this remedy and upon giving such written notice this Use and Occupation
Agreement will cease and terminate.
16. Termination: Surrender of Possesion
a. Upon the expiration or termination of this Use and Occupation Agreement OCCUPANT shall:
(i) Restore the afore-described premises to their condition at the be&iuing of the Term (other than as contemplated by SeCtion 6 above), ordinary wear and tear excepted, remove all of its persQnal property and USe fixtures from the afore-described jacujiises and the Property and repair any damage caused by such removal;
(ii) Surrender possession of the alore-described premises to OWNER; and
(iii) Upon the request of OWNER, at OCCUPANVs cost and expenses remove from the Property all signs symbols and fradeina*s pertaining to OCCUPANT and repair any damages caused by such removal.
b. If OCCUPANT shall fail or refuse to restore the afore-described pttnises as hereinabove provided, OWNER may do so and recover its cost for so doin& OWNER may, without notice, dispose of any property of OCCUPANT left upon the afo*e-described piensises in any mannn that OWNER shall choose without incuning liability to OCCUPANT to any other person. The failure of Occupant to remove any property from the afore-described premises 11 forever bar Occupant from bringing any action or asserting any liability agønat OWNER with respect to such property.
17. Ouiet En Upon the observance and perfbrmance of all the awenant*, terms and conditions on OCCUPANTS part to be observed and performed, OCCUPANT shall peaceably and quietly bold and enjoy the afore-described premises for the term hereof without hindrance or interruption by OWNER or any other person or persons lawiWly or equitably claiming by, through or under the OWNER, subject nevertheless, to the .terms and conditions of this Use and Occupation Agreement.
18. Notices All notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been given if delivered personally, or if sent by first-class mail, postage prepaid, return receipt requested to the following, or to such other address as shalt be furnished in writing to the party by the other:
If to OWNER: The Village of Colfax do Village Clerk 307 N. Harrison Colfax, Illinois 61728
with copies to: Thomas M. Shields
Attorney at Law
123 W. Main Street
Lexington, Illinois 61753
If to OCCUPANT: The Eastern McLean County Ambulance Association do Jim Kern, President
124 E. Main Street Colfax, Illinois 61728
with copies to: Eastern McLean County Ambnlnt Assoc Board of Directors
9. Construction Nothing contained herein shall be deemçd or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or partnership or of joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein nor any acts of the patties herein, 1 be desned to create any relationship between the parties hereto other than the relationship of OWNER and OCCUPANT. Whenever herein the singular number is used, the same til include the pluS, and the masculine gender shall include the feminine and neuter genders.
20. Partial Invalidity If any term, covenant or condition of this Use and Occupation Agreement or the application thereof to any person or circumstance ithsfl to any extent, be invalid or imenforceable, the remainder of this Use and Occupation Agreement or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be alIècted thereby and b tam covenant or condition of this Use and Occupation Agreement dm11 be valid and be enibrced to the faile extent permitted by law.
21. Successors All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executrns, administrators, successors and assigns of the said parties; and if there shsl be more than one

OCCUPANT, they shall all be bound jointly and severally by the terms and agreements herein. No rights, however, shall inure to the benefit of any Signer of OCCUPANT unless the assignment to such assignee has been approved by OWNER In writing as provided above.
IN WITNESS WHEREOF, OWNER and OCCUPANT have executed this Agreement on the day and year first above written.
OWNER:
By: signature on file
Mayor, The Village of Colfax

ATTESTED:

signature on file
Village Clerk

OCCUPANT:
By: signature on file
President, Eastern McLean County Ambulance Assn.

ATTESTED:

signature on file
Secretary/Treasurer
Eastern McLean County Ambulance Assn.