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� '. , '? 1 �, l� ..� ^ n f' <br /> AGREEMENT <br /> THIS AGREEMENT is made by and between the CITY OF DECATUR, ILLINOIS, a <br /> municipal corporation ("CITY"), and DECATUR MEMORIAL HEALTH FOUNDATION, an <br /> Illinois Not For Profit Corporation ("FOLTNDATION"). <br /> WHEREAS, the FOUNDATION has requested the CITY to vacate a certain portion of <br /> West Hay Street, in the City of Decatur, to accommodate the expansion and improvement of <br /> Decatur Memorial Hospital; and, <br /> WHEREAS, the CITY agrees that the requested portion of said street should be vacated <br /> and that the public should no longer be required to own and maintain same, but that some limited <br /> public access thereto is in the public interest; and <br /> WHEREAS, the FOUNDATION is willing to maintain some public access on said street <br /> after the vacation thereof, on the terms and conditions set out herein. <br /> NOW, THEREFORE, the CITY and the FOUNDATION agree as follows: <br /> 1. The CITY will vacate the following-described portion of West Hay Street: <br /> The West Hay Street right-of-way between the east <br /> right-of-way line of North Monroe Street and the east <br /> right-of-way line of North Edward Street(the "Street"). <br /> 2. The FOUNDATION will permit vehicular and pedestrian access by the general public <br /> on, over and across that portion of Street maintained as described in Section 3 hereof, for <br /> purposes of access to Decatur Memorial Hospital and other adjacent buildings and facilities. <br /> 3. The FOUNDATION will maintain the Street in a manner adequate for two-way traffic <br /> and in accordance with the CITY'S site plan criteria for driveways and parking areas, as <br /> amended from time to time. <br /> 4. To the extent provided by law, the FOUNDATION shall indemnify and hold harmless <br /> the CITY and its Mayor and Councilmembers, officers, employees and agents, in both their <br /> individual and official capacities, from all claims for property damage, bodily injury or death <br /> resulting from or arising out of the use of the Street as required by Section 2 hereof. <br />