R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY

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(d) All of the water mains,valves,clear wells,pumps,tanks, chemical feeds, filters,pipes, controls,meters,gauges,and any and all related equipment, structures, buildings and appurtenances which comprise the present North Plant water treatment facilities of the City located on the real estate described in Paragraph 3(a),as are more specifically described but not limited to that referenced on Exhibit E attached hereto and made a part hereof. (e) All,permits issued to the City for the ownership and operation of the North Plant assets described above in Subparagraphs 3(a)through 3(d)and all maps, engineering plans and specifications,bills of sale and other records for all installed equipment at the North Plant which the.City possesses. 4. :Closiniz Date,Time and Place of Closing. Subject to.satisfaction of all conditions under this Agreement,the purchase and sale herein provided shall be closed on May 1, 1999 or on such other date upon which the parties shall mutually agree in writing.The Closing shall be at 10:00 a.m. at the offices of the City,or at such other time or place as the City and ADM agree upon in writing. The date and time designated for consummating and closing the sale is herein called the "Closing.Date." 5. Purchase Price. The purchase price to be paid by ADM at Closing-for the North Plant property described in paragraph 3 shall be.the sum of Twenty Million;Two Hundred Thousand Dollars ($20,200,000). 6. Conditions for Use of North Plant. Upon Closing,the following conditions apply to the use of the North Plant by ADM: (a) ADM shall use the North Plant solely for the purpose of providing the industrial cooling and process water requirements of ADM's East and West Plants and. for facilities located in Macon County,Illinois of ADM or of any wholly or majority owned subsidiary of ADM except for facilities of any current or former"large user" of