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.� �. <br /> AGREEMENT <br /> This AGREEMENT, made by and between the City of Decatur, Illinois, ("City"), a <br /> municipal corporation, and Hospital Sisters Health System - St. Mary's Hospital <br /> the Owner ("Owner") and Hospital Sisters Health System - St. Mary's <br /> Hospital Operator ("Operator"), together referred to herein as "Owner/Operator" <br /> of the site legally described in Exhibit A ("Site") is for the purpose of setting forth the <br /> rights and responsibilities of the construction and maintenance of water mains and <br /> appurtenances to the Site, property owned, operated and maintained by the <br />' Owner/O erator. <br /> P <br /> '` WHEREAS, the Owner/Operator, as part of a development of the Site, <br /> desires to make improvements, including improvements to water mains and <br /> appurtenances as part of the development project ("Project") as set forth in Exhibit <br /> B; and <br /> WHEREAS, the Illinois Environmental Protection Agency ("IEPA") has <br /> determined that the water mains and appurtenances improvements set forth in <br /> Exhibit B must be owned by the City as the Water Authority; and <br /> WHEREAS, the Owner/Operator has requested that the City enter into this <br /> Agreement and take ownership of the improvements set forth in Exhibit B so that <br /> the development of the Site can proceed; and <br /> WHEREAS, the City and the Owner/Operator agree that it would be in their <br /> best 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/Operator agree as follows: I <br /> 1. That the Owner/Operator shall construct, improve or cause to be <br /> constructed or improved, the water mains and appurtenances as set forth in Exhibit <br /> B on property owned, operated and maintained by the Owner/Operator. <br /> 2. That the Project includes plans to cover a significant portion of the water <br /> mains and appurtenances with the following improvements which Owner/Operator <br /> expressly acknowledges will not be repaired, replaced, maintained or improved by <br /> the City nor any repairs, replacements, maintenance or improvements of the water <br /> mains and appurtenances of the Project at the Site paid for by the City should <br /> repairs to the water mains and appurtenances be required: <br />