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� ✓� <br /> AGREEMENT <br /> �i �-- <br /> This Agreement, entered this � day of � � , 2006,between <br /> Archer Daniels Midland Company, a Delaware corporation, ("ADM") and the City of <br /> Decatur, a Municipal Corporation, ("City"). <br /> WHEREAS,ADM operates and maintains a 4 million gallon tank on its North <br /> Plant Decatur, Illinois property("Tank"); <br /> WHEREAS, a basin surrounding the Tank on ADM North Plant property <br /> provides secondary containment with a capacity of 1.8 million gallons; <br /> WHEREAS, due to design limitations of the Tank, the oil storage of the tank is <br /> limited to 1.6 million gallons; <br /> WHEREAS, the secondary containment basin at the ADM North Plant property is <br /> of sufficient capacity to contain a release from the Tank of 1.6 million gallons; <br /> WHEREAS, United States Environmental Protection Agency(USEPA) spill <br /> prevention rules require spill containment equal to the shell volume of the Tank, despite <br /> limitations that limit the storage capacity of the Tank to 1.6 million gallons; <br /> WHEREAS, the City owns and maintains a storm water basin("Storm Water <br /> Basin") on its property which adjoins the ADM North Plant property; <br /> WHEREAS,the City is willing to allow ADM the use of the Storm Water Basin <br /> as additional spill containment for the Tank; <br /> WHEREFORE, in exchange of the mutual covenants and commitments contained <br /> herein, the parties agree and contract as follows: <br /> 1. ADM shall maintain and comply with a Spill Prevention Control and <br /> Countermeasures (SPCC)plan applicable to the Tank and any vegetable <br />