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INDEMNIFICATION AGREEMENT <br /> AGREEMENT entered this���� day of January, 2003, between JDN Development <br /> Company, Inc., 359 East Paces Ferry Road, Suite 450, Atlanta, Georgia, 30305 ("JDN") and The <br /> City of Decatur, #1 Gary K. Anderson Plaza,Decatur, Illinois, 62523 ("City"). <br /> RECITALS: <br /> A. JDN was the developer of the shopping center located on Maryland Avenue in <br /> Decatur, Illinois in JDN Addition to the City of Decatur(the "Shopping Center"). <br /> B. The real estate on which the Shopping Center is located was annexed to the City <br /> pursuant to an Annexation Agreement dated June 16, 1998, and a portion of the <br /> real estate was annexed to the Sanitary District of Decatur by Ordinance No. 98- <br /> 14 adopted November 18, 1998. <br /> C. The Shopping Center adjoins Lot 1 of B. Coombe Second Addition("Lot 1"). <br /> D. The site plans for the Shopping Center submitted by JDN and approved by the <br /> City included a sanitary sewer to be constructed to serve, among other users, the <br /> Shopping Center from a connection to the existing City sewer system at a <br /> manhole located on the East boundary of Lot 1. <br /> E. JDN submitted an application for a permit for the construction of the sanitary <br /> sewer, with the approval of the City and the Sanitary District of Decatur, and a <br /> permit was issued by the Illinois Environmental Protection Agency on October <br /> 16, 1998. <br /> F. JDN and the City anticipated that upon construction of the sanitary sewer, the <br /> portion of the sanitary sewer from the point of connection to the existing City <br /> sewer system to a manhole designated as "Manhole 4" and located in the <br /> northwest corner of �utlot 1 (now known as Lot of JDN Addition) (the <br /> "Dedicated Sewer")would become a public sewer by dedication of such sewer by <br /> JDN to the City and acceptance of such dedication by the City. <br /> G. That part of the Dedicated Sewer to be constructed across Lot 1 required the <br /> following easement from the owner of Lot 1 that would ultimately run to the <br /> benefit of the City(the"Easement"): <br /> The North 225 feet of the East 15 feet and the North 25 feet of Lot 1 of B. <br /> Coombe 2nd Addition to the City of Decatur, as per Plat recorded in Book <br /> 1832, Page 293 of the Records in the Recorder's Office of Macon County, <br /> Illinois. <br /> H. During negotiations between JDN and the owner of Lot 1 for the Easement, but <br />