R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement

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SECOND AMENDMENT THIS SEC ND AMENDMENT("Second Amendment")is made and entered into as of the (Gil day of 2022 `Effective Date")by and between the City of Decatur, an Illinois municipal corporation located in the County of Macon. Illinois(the"City")and Archer-Daniels-Midland Company.a Delaware corporation("ADM"). WITNESSETH: WHEREAS,ADM and the City entered into that certain agreement dated as of January 5, 1999,relating to ADM's purchase, and the City's sale,of the City's North Water Treatment Plant(the"Purchase Agreement"); and, WHERAS,pursuant to the Purchase Agreement,at Closing(as defined in the Purchase Agreement) ADM and the City did execute the Raw Water Supply Agreement attached to the Purchase Agreement as Exhibit G (the"Raw Water Supply Agreement");and, WHEREAS,ADM and the City entered into an Amendment to said Purchase Agreement and Raw Water Supply Agreement dated as of November 5,2001;and, WHEREAS,ADM and the City entered into a Raw Water Supply Agreement dated November 8,2001;and, WHEREAS,ADM and the City entered into an Amended and Restated Raw Water Supply Agreement dated March 26,2013 to allow ADM to construct and operate additional groundwater wells;and, WHEREAS,ADM and the City entered into an Amended and Restated Raw Water Supply Agreement dated October 6, 2014(the"2014 Raw Water Supply Agreement)to deal with the conservation of well water during dry weather conditions and other matters;and, WHEREAS,ADM and the City have agreed to amend the Agreements referenced above as needed to,under the specific terms and conditions set forth in this Second Amendment,allow for ADM to sell,transfer,resell,donate or give away water processed from Lake Decatur through the North Water Treatment Plant to third parties;and, WHEREAS,ADM and the City desire and agree that all terms set forth in the Agreements referenced above shall remain in full force and effect unless specifically set forth in this Second Amendment;and, WHEREAS,ADM and the City desire to set forth the terms and conditions related to such amendments as more particularly described herein.