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R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
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R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
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8/16/2022 4:28:35 PM
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Resolution/Ordinance
Res Ord Num
R2022-127
Res Ord Title
R2022-127 Resolution Authorizing Second Amendment City of Decatur - Archer Daniels Midland Company - Raw Water Agreement
Department
Legal
Approved Date
8/15/2022
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4. Statutes. Laws.Regulations <br /> ADM agrees to follow any and all applicable Federal, State and Local statutes, laws, <br /> ordinances and regulations including those regulating use during drought and regulations <br /> of the United States and Illinois Environmental Protection Agencies if it sells,transfers, <br /> resells,donates or gives away processed but non-potable water or any form of water(e.g. <br /> steam or recycled water)processed from Lake Decatur through the North Water <br /> Treatment Plant to non-residential industrial users or third parties for use in the third <br /> party's industrial use process. <br /> 5. Limitations <br /> a. ADM shall be authorized to sell,transfer,resell,donate or give away processed but <br /> non-potable water or any form of water(e.g. steam or recycled water)processed from <br /> Lake Decatur through the North Water Treatment Plant to non-residential industrial <br /> uses or third parties affiliated with ADM or in which ADM has or will have a legal or <br /> commercial interest in or relationship("Affiliated Users").Notwithstanding the <br /> foregoing,ADM may sell,transfer, resell,donate or give away processed but non- <br /> potable water or any form of water(e.g.steam or recycled water)processed from <br /> Lake Decatur through the North Water Treatment Plant to third parties that are not <br /> Affiliated Users, upon the mutual agreement of the City and ADM which agreement <br /> may be withheld in a party's discretion. <br /> b. Subject to Section 5.a.,in no event shall ADM sell,transfer,resell,donate or give <br /> away processed but non-potable water or any form of water(e.g.steam or recycled <br /> water)processed from Lake Decatur through the North Water Treatment Plant to any <br /> person, business, industry,customer or other user located outside the corporate limits <br /> of the City. <br /> c. ADM must provide notice to the City upon execution of an agreement for each non- <br /> residential industrial user or third party to whom it intends to sell,transfer resell, <br /> donate or give away processed but non-potable water or any form of water(e.g. steam <br /> or recycled water)processed from Lake Decatur through the North Water Treatment <br /> Plant. <br /> d. ADM shall not produce or sell potable water for resale to any party. <br /> 6. General. <br /> a. Except as set forth herein, the Purchase Agreement and 2014 Raw Water Supply <br /> Agreement shall remain unchanged and unmodified. For purposes of clarity,the <br /> provisions of this Second Amendment are intended to modify and supersede any <br />
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