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' - . <br /> . '. <br /> AGREEMENT <br /> For and in consideration of the performance of the promises <br /> and covenants to be respectively performed by County and City <br /> hereto it is agreed by and between the County of Macon, Illinois, <br /> (hereinafter "County") , the City of Decatur, Illinois , <br /> (hereinafter "City") and Miles Chevrolet, Inc. , an Illinois <br /> Corporation, (hereinafter "Miles") , as follows: <br /> l . The intermittent flooding of Spring Creek as it meanders <br /> through Sections 3-16-2 , 34-17-2 and 35-17-2 , all in Macon <br /> County, Illinois, has caused damage to nearby residences both <br /> inside and outside the limits of the City and the parties desire <br /> to perform channel straightening and other stream improvements in <br /> a joint effort to try to alleviate such flooding conditions. <br /> 2 . Miles owns and operates a business located near Spring <br /> Creek, and said business will be benefited by the improvement <br /> contemplated hereby if it is completed in the near future. <br /> 3 . The costs of such project, including engineering, <br /> construction, right-of-way acquisition and other incidental <br /> costs, shall be borne as follows subject to the terms of this <br /> Agreement: <br /> County -- 37 . 5�, subject to a maximum of $225, 000 ; <br /> Miles -- 12 . 5�, subject to a maximum of $75,000 , ' <br /> not including costs incurred pursuant to '� <br /> paragraph 4 hereof; � <br /> City -- 50�; plus any excess of such cost over ' <br /> $600,000 . <br /> 4 . Miles will acquire and convey an easement to the City I� <br /> over property legally described as follows: <br /> SEE EXHIBIT A ATTACHED HERETO AND <br /> HEREBY MADE A PART HEREOF. <br />