R99-56 AUTHORIZING EXECUTION OF AGREEMENT

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, , . ;^ , � � � AGREEMENT This Agreement made by and between the City of Decatur, Illinois, a municipal corporation("City"), and Downing Street Limited, L.T.D. ("Downing Street Limited"). Whereas, Downing Street Limited is the owner and operator of a mobile home park located in the city of Decatur known as Hyde Park Mobile Home Park ("Hyde Park"), and Downing Street Limited wishes to purchase water from the City for the use of Hyde Park, as it currently does, and then resell said water to the mobile homes in Hyde Park by means of privately-owned meters located at each mobile home, billing each mobile home for the water used; and, Whereas, Chapter 64 of the City Code prohi�its the resale of water purchased from the City unless such resale is approved by means of an agreement with the City and approved by the City Council; and, Whereas, the Council is willing to approve an agreement with Downing Street Limited for the resale of water as described above, on the conditions set out herein. Now, Therefore, the City and Downing Street Limited agree as follows: 1. Downing Street Limited shall continue to purchase water from the City for the use of Hyde Park, 10 Downing Street, Decatur, Illinois, and said purchase shall be subject to all of the restrictions and requirements of Chapter 64 of the City Code, and shall further be subject to all applicable rules and regulations duly issued and promulgated thereunder. ', 2. Subject to the express conditions contained in this agreement, Downing Street Limited may place water meters at each of the mobile homes located in Hyde Park and may bill the residents of said homes for the water used, as indicated by said meters. Downing Street Limited shall own and be responsible for all elements of the water distribution system located in Hyde Park, including the meters placed at individual mobile homes, as permitted hereby, but excluding the master meter by which the City determines the total usage of Hyde Park. 3. All water meters to be located as provided in paragraph 2 hereof, and the installation thereof, must be approved by the Department of Public Works, and all such meters must be installed by plumbers licensed by the State of Illinois and be in full compliance with all applicable rules and regulations of the Illinois Environmental Protection Agency. 4. The rate chazged for water to each mobile home by Downing Street Limited, pursuant to the provisions hereof, shall not exceed the rate charged to Downing Street Limited for water provided to it by the City during the same billing period. The City shall have access, as needed, to such financial records of Downing Street Limited as is necessary to assure compliance with this pazagraph.