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; � <br /> ,�1r; r <br /> �. � , x <br /> AGREEMENT <br /> THIS AGREEMENT made and entered into as of the 5 th day of January� 1999, by and <br /> between the CITY OF DECATUR, an Illinois municipal corporation located in the County of <br /> Macon, Illinois (hereinafter sometimes called the "City") and ARCHER-DANIELS-MIDLAND <br /> COMPANY, a Delaware corporation (hereinafter sometimes called "ADM"), <br /> WITNESSETH: <br /> WHEREAS, the City presently owns and operates a water supply and distribution system <br /> which includes two water supply intakes at Lake Decatur and a water treatment plant together <br /> commonly referred to as the North Plant and located as described on Exhibit A attached hereto <br /> and made a part hereof; and <br /> WHEREAS, the City is advised that the North Plant will require substantial upgrade in <br /> order to continue assuredly to comply with applicable environmental requirements for potable <br /> water supply; and <br /> WHEREAS, the City has determined that its other water intakes and treatment facility <br /> together commonly referred to as the South Plant has sufficient capacity to meet the City's <br /> potable water supply demand and that the North Plant no longer is needed by the City; <br /> WHEREAS, ADM is a customer of the City's water system engaged in manufacturing <br /> and processing businesses at various locations in the City whose primary requirement for water <br /> is for industrial water applications, such as cooling and process water; and <br /> WHEREAS, under the terms and conditions of this Agreement, the City is willing to sell <br /> to ADM, and ADM is willing to purchase from the City, the assets comprising the North Plant , <br /> for the purpose of ADM providing an industrial cooling and processing water supply to ADM's <br /> East and West plants in the City and for facilities located in Macon County, Illinois of ADM or <br /> 800246.01.15 <br /> 12/29/98 ' <br />