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ICa013-,3 <br /> ADDENDUM TO LEASE <br /> THIS ADDENDUM is entered this day of , 2013,by and <br /> between The City of Decatur, Illinois (the"City") and Archer-Daniels-Midland Company <br /> ("ADM"). <br /> WHEREAS,the City and ADM are parties to a Lease Agreement dated October 25, <br /> 2010, which pertains to 657 parking spaces located at Parking Garage B at the northwest corner <br /> of North and Water Streets, Decatur, Illinois ("Premises"): <br /> WHEREAS, ADM desires to demolish the existing three parking attendant office <br /> structures located on the Premises and construct a new security guard office structure on the <br /> first floor of the Premises; and <br /> WHEREAS, the City agrees to allow the demolition and construction of a new security <br /> attendant office structure on Premises. <br /> WHEREFORE, in consideration for the mutual covenants contained herein and other <br /> good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, <br /> the parties agree to amend the Lease Agreement as follows: <br /> 1. The City consents to ADM demolishing the existing three parking attendant <br /> office structures and ADM's construction of a new security attendant office structure on <br /> the first floor of the Premises. <br /> 2. The City shall review and approve all plans prior to the beginning of any <br /> demolition and construction. <br /> 3. ADM will apply for and receive any and all necessary building and/or <br /> demolition permits. <br /> 4. ADM will comply with all federal, state and city laws and ordinances. <br /> 5. ADM will pay the prevailing wage for all workers on this project. <br /> 6. ADM shall indemnify and hold harmless the City and its City Council members, <br /> officers, employees or agents in both individual and official capacities, from all claims <br /> for bodily injury, death or property damage directly resulting from ADM's <br /> demolition/construction of parking attendant office structures, and from all costs, <br /> demands, suits, losses, attorney's fees and liabilities incurred in or about any such <br /> claims for bodily injury, death or property damage, or any action or proceeding brought <br /> thereon provided, however, that the provisions of this Section 6 shall not apply if any <br /> such personal injury or property damage is caused by the gross negligence or the willful <br /> misconduct of the City, its agents or employees or the City's affiliates or their agents or <br /> employees. <br /> 1 <br />