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AGREEMENT <br /> This AGREEMENT, made by and between the City of Decatur, Illinois, <br /> ("City"), a municipal corporation, and Archer Daniels Midland Corporation, the Owner <br /> ("Owner") of the site legally described in Exhibit A, attached hereto and incorporated <br /> by reference ("Site") is for the purpose of setting forth the rights and responsibilities of <br /> the construction and maintenance of water and sewer main extensions and <br /> appurtenances to the Site, property owned, operated and maintained by the Owner. <br /> WHEREAS, the Owner desires to make improvements, including <br /> improvements to water and sewer main extensions and appurtenances as part of the <br /> development project ("Project") as set forth in Exhibit B; and <br /> WHEREAS, the Owner has requested that the City enter into this Agreement <br /> and take ownership of the water and sewer main extensions and appurtenances set <br /> forth in Exhibit B so that the development of the Site can proceed; and <br /> WHEREAS, the City and the Owner agree that it would be in their best <br /> interests as well as the public interest that the development of the Site and the <br /> Project proceed in accordance with the terms and conditions set forth below. <br /> NOW THEREFORE, for and in consideration of the promises and covenants <br /> made herein, the City and the Owner agree as follows: <br /> 1. That the Owner shall construct, improve or cause to be constructed or <br /> improved, the water and sewer main extensions and appurtenances as set forth in <br /> Exhibit B, attached hereto and incorporated by reference, on property owned, and <br /> maintained by the Owner. <br /> 2. That the Owner shall construct the Project as per the specifications and <br /> requirements of the IEPA Construction Permits (attached hereto and marked Exhibit <br /> «C„ <br />