R2013-20 AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT WITH ARCHER DANIELS MIDLAND COMPANY

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10. Wells. The parties understand that, as of the date of this Agreement, ADM owns and operates certain groundwater wells having an aggregate capacity of approximately5 MGD. Subject to Section 8 of this Agreement, ADM may use these wells and/or additional wells to provide (directly or through the North Plant) potable water, industrial cooling and process water only for its East and West Plants and for facilities located in Macon County, Illinois, of ADM or any wholly or majority owned subsidiary of ADM except for facilities of any current or former "large user" of the City's water system, other than ADM, as that term is defined in Chapter 64 of the City Code, or any subsidiary or affiliate of such large user. In no event shall ADM's current or future wells materially reduce the quantity of water in Lake Decatur. ADM shall not sell or deliver water from these wells to any other person or use the water for any other purpose. ADM intends to install two (2) horizontal collector wells located on its property in Decatur, with the capacity of 3.5 MGD each. The City agrees to allow ADM to 1) pump the well water directly to the North Plant and 2) to locate the well laterals under Lake Decatur. ADM agrees to install the horizontal collector wells at no cost to the City. Each well may have up to 4 laterals extending under Lake Decatur. These would be located not less than a depth of 40 feet below the lake bottom. The lake bottom elevation at the proposed horizontal collector well locations is approximately 605 feet above mean sea level. All current and future ADM wells shall have a meter or meters installed to measure the quantity of water produced by the wells. The meter or meters shall be real time metering with telemetering to the City, of a design and type approved by the City in writing in advance of installation and shall be purchased, installed and 9