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t ) <br /> i t <br /> AGREEMENT <br /> THIS AGREEMENT made by and between THE CITY OF DECATUR, ILLINOIS <br /> ("CITY"), a municipal corporation, and BLACKSTONE GROUP OF DECATUR, LLC <br /> ("BLACKSTONE"). <br /> WHEREAS, BLACKSTONE is the owner of the property described on Exhibit "A" <br /> hereto (the "PREMISES"), and wishes to develop the PREMISES for office, retail and <br /> commercial uses; and <br /> WHEREAS, in order to so develop the PREMISES, it is necessary to install highway <br /> traffic signals at the intersection of U.S. Route 36 and 44th Street, in the City of Decatur; and, <br /> WHEREAS, said traffic signalization must include an interconnection with the warning <br /> devices located at the grade crossing of said 44`h Street with the railroad tracks owned and <br /> operated by CSX TR�NSPORTATION, INC. ("CSX"); and, <br /> WHEREAS, CSX has agreed with the CITY to install such an interconnection, upon <br /> reimbursement therefor by the CITY, a copy of said Agreement being attached hereto as Exhibit <br /> "B" (the "CSX AGREEMENT); and, <br /> WHEREAS, such traffic signalization and interconnection are for the benefit of the <br /> PREMISES and are properly considered development costs thereof, and BLACKSTONE agrees <br /> that it should reimburse the CITY for said costs. <br /> NOW, THEREFORE, for and in consideration of the installation of said interconnection <br /> as described in Exhibit "B" hereto, the CITY and BLACKSTONE agree as follows: <br /> 1. The CITY will fully execute and perform all duties and obligations set out in <br /> Exhibit "B" to this Agreement. <br /> 2. At such times as the CITY is required to pay to, or deposit with, CSX any funds <br /> purs�zant to the terms of the CSX AGREEMENT (thP "CITY COSTS"), the CITY shall invoice <br /> BLACKSTONE for a like amount, and BLACKSTONE shall pay said amount to the CITY <br /> within thirty(30) days of the mailing of such invoice. <br /> 3. The CITY COSTS shall be a lien upon the PREMISES, but only if, after any <br /> invoice therefor is due and unpaid, the CITY files notice of said lien in the office of the Recorder <br /> of Macon County in a form substantially similar to the form set out on Exhibit "C" hereto. <br /> 4. Upon payment of all of the CITY COSTS by BLACKSTONE, the CITY shall <br /> furnish BLACKSTONE a Satisfaction and Release therefor in the form set out on Exhibit "D" <br /> hereto. <br /> 5. The CITY and BLACKSTONE hereby agree and acknowledge that <br /> BLACKSTONE is the third party beneficiary of the CSX AGREEMENT. Therefore, the parties <br />