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RESOLUTION NO. 86--2008
APPROVING APPROPRIATION OF THE GOVERNOR'S OFFICE OF
EMERGENCY SERVICES LOCAL MATCH PARTICIPATION AND APPROVING
AN AMENDMENT TO THE LICENSE AGREEMENT FOR CREEK BANK REPAIR
(HOLLAND)
WHEREAS, the December 31, 2005 storms in the Town of Danville created significant
damage throughout the Town qualifying certain private property owners with creek bank
erosion in the Town for federal assistance under the Natural Resources Conservation
Service's (NRCS) Emergency Watershed Protection Program; and
WHEREAS, on April 18, 2006, the Town adopted Resolution 45-2006 authorizing a
$400,000 NRCS grant and a license agreement in which the private property owner
assumed all responsibility for funding the local match; and
WHEREAS, in September 2007, the Governor's Office of Emergency Services (OES) offered
to participate with the local match; and
WHEREAS, the Town did not anticipate the OES participation with the local match,
causing the need to appropriate the OES participation amount and amend the license
agreement with the private property owner; and
WHEREAS, the Town has verified that the private property owner has complied with the
license agreement and has provided evidence of the local match expenditures; now,
therefore be it
RESOLVED, that the Town Council of the Town of Danville hereby appropriates the OES
participation amount to be used in conjunction with the NRCS grant; and, be it further
RESOLVED, that paragraph 5 of the License Agreement for Creek Bank Repair (Holland)
is hereby amended to read:
5. A final accounting of the total project costs shall be prepared by TOWN within
ninety (90) days of the date that NRCS accepts the Work as complete. Based on this
accounting, OWNER's share, defined as one hundred (100) percent of TOWN project
costs plus twenty-five (25) percent of NRCS project costs, will be determined. If
OWNER's share is less than the "Total Deposit" amount, a refund, without interest,
will be made within thirty (30) days of the final accounting. If OWNER's share is more
than the "Total Deposit," TOWN will invoice for the additional amount. OWNER
shall pay the additional amount within thirty (30) days of the receipt of the TOWN
invoice. If TOWN has to bring suit to collect the invoice amount from OWNER,
OWNER shall pay all attorney's fees, costs, and litigation expenses incurred by
TOWN. TOWN may use OES funding to refund the OWNER up to the amount contributed
by OWNER.
APPROVED by the Danville Town Council at a regular meeting on July 15, 2008, by the
following vote:
AYES: Andersen, Doyle, Shimansky, Stepper
NOES: None
ABSTAINED: None
ABSENT: Arnerich
APPROVED AS TO FORM:
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AYOR
ATTEST:
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PAGE 2 OF RESOLUTION NO. 86-2008