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i A/ <br /> Lh <br /> AGREEMENT <br /> THIS AGREEMENT made and entered into as of the 5th day of January, 1999,and hereby <br /> amended at Paragraph 9 thereof this day of August,2012,by and between the CITY OF <br /> DECATUR,an Illinois municipal corporation located in the County of Macon,Illinois (hereinafter <br /> sometimes called the "City") and ARCHER-DANIELS-MIDLAND COMPANY, a Delaware <br /> corporation(hereinafter sometimes called "ADM"), <br /> WITNESSETH: <br /> WHEREAS,the City presently owns and operates a water supply and distribution system <br /> which includes two water supply intakes at Lake Decatur and a water treatment planttogether <br /> commonly referred to as the North Plant and located as described on Exhibit A attached hereto and <br /> made a part hereof; and, <br /> WHEREAS,the City is.advised that the North Plant will require substantial.upgrade in <br /> order to continue assuredly to comply with applicable environmental requirements for potable <br /> water.supply;and <br /> WHEREAS,the City has determined that its other water intakes and treatment facility <br /> together commonly referred to as the South Plant has sufficient capacity to meet the City's <br /> potable water supply demand and that the North Plant no longer is needed by the City; <br /> WHEREAS,ADM is a customer of the City's water system engaged.in manufacturing <br /> and processing businesses at various locations in the City whose primary requirement for water is <br /> for industrial water applications,such as cooling and process water; and <br /> .. _.__..__WHEREAS,.under the terms.and..conditions..of this.Agreement,..the_City is..willing to.sell._.. <br /> to ADM, and ADM is willing to purchase from the City,the assets comprising the North Plant <br /> for the purpose of ADM providing an industrial cooling and processing water supply to ADM's <br /> East and West plants in the City and for facilities located in Macon County,Illinois of ADM or <br />