R2009-238 AUTHORIZING EXECUTION OF DECATUR PARK DISTRICT INTERGOVERNMENTAL AGREEMENT

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3. That the City and the District recognize that the Illinois Environmental Protection Agency ("IEPA") currently has regulations requiring that the City, as the public water supplier, maintain the water main and appurtenances after the installation by the District. 4. That the District will construct the Project as per the specifications and requirements of the IEPA Division of Public Water Supplies Application for Construction Permit (attached hereto and marked Exhibit "A") after an IEPA Construction Permit is received by the District for the Project. 5. That the District will construct the Project in accordance with the City's Specifications for Water Main Construction and other applicable Codes and ordinances. 6. That the District shall advise the City when construction begins on the Project and shall advise the City prior to making any repairs or performing any maintenance on the Project and the City shalt have the right to inspect any and all construction and maintenance that occurs on the Project. 7. That upon completion of the Project by the District in accordance with the rules and regulations of the IEPA, the terms set forth in this Agreement and as per the terms set forth in Exhibit A , the City agrees to accept ownership of the Project. 8. That upon final completion of the Project, the District agrees to maintain any and all portions of the Project and maintain the water main and appurtenances as per the specifications and plans set forth in Exhibit "A" and acknowledges and agrees that the City shall have no maintenance responsibility for the repair or maintenance of the water main and appurtenances or any other portions of the Project nor have any duty for repair or upkeep. 9. That the District agrees that it shall reimburse the City all funds the City is required to expend to maintain the water main and appurtenances within thirty (30) days of the City's request for payment. 10. That to the extent permitted by law, the District agrees to indemnify, hold harmless and defend the City, its officials, employees, officers and agents from any and all claims, demands, liability, tosses, suits in law or equity arising over the construction, use, operation and maintenance of the water main and appurtenances, except to the ' extent that any claim, demand, liability, loss, suit in law or equity is caused by the action of a City employee or agent. 11. That the District agrees to observe and comply with all rules, regulations, ordinances, statutes and zoning laws not in force or which may be enacted during the term of this Agreement, including, but not limited to, the Prevailing Wage Act and other 2