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

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NOW,THEREFORE, in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties, intending to be legally bound,agree as follows: 1. Sale, Transfer. Resell.and Donation a. ADM may sell,transfer, resell,donate or give away processed but non-potable water or any form of water(e.g. steam or recycled water)processed from Lake Decatur through the North Water Treatment Plant to non-residential industrial users or third parties for use in the third party's industrial use process under the conditions as set forth in this Second Amendment. b. In the event ADM determines to sell,transfer,resell,donate or give away processed but non-potable water or any form of water(e.g.steam or recycled water)processed from Lake Decatur through the North Water Treatment Plant to non-residential industrial users or third parties for use in the third party's industrial use process under the conditions as set forth in this Second Amendment, it shall be responsible for the design,construction and maintenance of any and all distribution lines required to provide said water. c. ADM shall be limited to the withdrawal of water from Lake Decatur to twenty-four (24)MGD for its use,including the use by any third party. In the event ADM determines that it desires or requires the withdrawal of more than twenty-four(24) MGD from Lake Decatur,it shall enter into negotiations with the City to share in the costs of developing additional raw water supply. d. Notwithstanding Section l.c. above, if ADM determines that it requires additional water for its or any third party's industrial processed water requirements or for any other purpose,ADM may obtain such water from its wells,recycled wastewater, storm water and any other available source,excluding Lake Decatur,without penalty or obligation to the City. e. For purposes of this Second Amendment,process or processed water is non-potable water used by manufacturing and other industries during the manufacturing, preparation,or production of goods, materials,products, services,or power. 2. Rates. Section 8 of the 2014 Raw Water Supply Agreement shall be amended to provide, `'8. Rates. For all water delivered to ADM under this Agreement,ADM shall pay the City's raw water rate from time to time determined by the City Council in accordance with the terms hereof and in effect. For purposes of this Section.