R2001-199 AUTHORIZING AGREEMENT - Laserfiche WebLink

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,' . � . AMENDMENT THIS AMENDMENT made and entered into as ofthe 5thday of November , 2001 by and between the City of Decatur, an Illinois municipal corporation located in the County of Macon, Illinois (the "City") and Archer-Daniels-Midland Company, a Delaware corporation("ADM"). WITNESSETH: WHEREAS,ADM and the City entered into that certain agreement dated as of January 5, 1999 relating to ADM's purchase, and the City's sale, of the City's North Water Treatment Plant(the "Purchase Agreement"); WHEREAS, pursuant to the Purchase Agreement, at Closing (as defined in the Purchase Agreement)ADM and the City shall execute the Raw Water Supply Agreement attached to the Purchase Agreement as Exhibit G(the "Raw Water Supply Agreement"); WHEREAS,ADM and the City have agreed to amend the Purchase Agreement and Raw Water Supply Agreement in certain respects and desire to set forth the terms and conditions relating to such amendments as more particularly described herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Changes to Section 4 of the Purchase Agreement. a. The first sentence of Section 4 of the Purchase Agreement is hereby amended and restated as follows: "Subject to satisfaction of all conditions under this Agreement, the purchase and sale herein provided shall be closed on November 8, 2001 or on such other date upon which the parties shall mutually agree in writing." 2. Changes to Section 6 of the Purchase Agreement. a. The first sentence of Section 6(b) of the Purchase Agreement is hereby amended and restated as follows: "Subject to Section 7, ADM shall, at its cost, upgrade the North Plant so as to enable it to produce industrial cooling and process water for ADM's requirements." 1