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� WATER MAIN AGREEMENT <br /> . ��r <br /> ���������� <br /> � � THIS WATER MAIN AGREEMENT (this "Agreement") is entered into effective this <br /> l� day of Oc er, 2003, by and between the CITY OF DECATUR, ILLINOIS, a municipal <br /> corporation (" ity"), and EAST LAKE/DECATUR, LLC, an Illinois limited liability company <br /> ("East Lake"). The City and East Lake are each sometimes referred to in this Agreement as a <br /> "part�' and collectively as the"parties". <br /> WHEREAS, the City, EAST LAKE MANAGEMENT & DEVELOPMENT CORP. <br /> (which is an affiliate of East Lake) and the DECATUR HOUSING AUTHORITY("DHA") have <br /> entered into a Development Agreement ("Development Agreement") for the redevelopment and <br /> rehabilitation of a certain area of the City of Decatur currently known as "Wabash Crossing", <br /> pursuant to certain funding provided under a HOPE VI grant from the United States Department <br /> of Housing and Urban Development; <br /> WHEREAS, in fulfillment of its duties and obligations under said Development <br /> Agreement, East Lake has entered into a Construction Agreement with ENTLER <br /> EXCAVATING CO., INC. ("Entler") dated August 27, 2003, as amended and attached as <br /> Elchibit A (the "Construction Agreement"), for the construction of certain infrastructure <br /> improvements in and adjacent to Wabash Crossing in accordance with the Development <br /> Agreement; <br /> WHEREAS, the City, East Lake and DHA have entered an Infrastructure Funding <br /> Agreement and an Infrastructure Funding Escrow Agreement, both effective as of August 27, <br /> 2003 (collectively, the "Infrastructure Agreements"), which agreements provide the terms and <br /> conditions for paying for the costs of certain infrastructure improvements to serve and benefit <br /> Wabash Crossing; <br /> WHEREAS, in connection with the Construction Agreement, Entler will construct a <br /> thirty (30) inch water main (the "Water Main") in the right of way of Martin Luther King, Jr., <br /> Drive, between Wabash Avenue and Grand Avenue, in Decatur, Illinois (which right of way is <br /> described on Exhibit B attached hereto and incorporated herein) in compliance with plans and <br /> specifications approved by the City's Director of Engineering and Infrastructure and Director of <br /> Water Management (collectively, "City Directors"); and <br /> WHEREAS, the Water Main is not required by nor a part of the Development Agreement <br /> or the Infrastructure Funding Agreement; but, is being constructed solely for the benefit of the <br /> City, arid, in addition to those payrnents required to be made by the City pursuant to the <br /> Development Agreement and the Infrastructure Funding Agreement (the "Infrastructure <br /> Agreement"), the City has agreed to issue payments for the construction of the Water Main to <br /> East Lake (or any other party as directed by East Lake). <br /> NOW, THEREFORE, the City and East Lake agree as follows: <br /> - 1. The City hereby agrees to pay East Lake in connection with the construction of <br /> the Water Main, in accordance with the plans and specifications therefor set forth in the <br /> W283630.6 <br />