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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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R2012-158 AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
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8/20/2015 1:10:32 PM
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Resolution/Ordinance
Res Ord Num
R2012-158
Res Ord Title
AUTHORIZING AGREEMENTS WITH ARCHER DANIELS MIDLAND COMPANY
Approved Date
8/20/2012
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meters and annually make a report to the City as to production at the North Plant,metered uses, and <br /> Iealcage/unaccounted for water, <br /> 11. Environmental Compliance. Upon Closing,ADM shall be solely responsible for <br /> all environmental compliance at the North Plant,including as to operation,maintenance, on-site <br /> storage of materials, and discharges to the air, ground or water bodies. Notwithstanding,ADM is <br /> aware that portions of the North Plant have been used by City police for target practice and that the <br /> soil may contain spent bullets. ADM agrees to acquire the North Plant subject to such prior use. <br /> However, if it is finally adjudicated that remedial action is required to remove soil at the North.Plant <br /> containing bullets,the City agrees to reimburse ADM's reasonable cost in performing such removal <br /> as may occur within ten(10)_years after Closing. <br /> 12. Sanitary District. ADM will cooperate with the local sanitary district whichcollects <br /> and treats wastewater from ADM's East and West plants at rates which are.based on the City's water <br /> billings.Such cooperation shall include the installation of meters on flows from the North Plant and the <br /> providing of meter readings to the sanitary district. <br /> 13. Billed and Unbilded Accounts. The City shall own and collect-all accounts <br /> receivable and unbilled accounts arising from its ownership and operation of the NorthPlantprior to the <br /> Closing. <br /> 14. Risk of Loss. The parties acknowledge and agree that ADM,prior to the Closing Date <br /> provided hereunder,assumes no risk of loss whatever with respect to all or any part of the property <br /> referenced in Paragraph 3 to be acquired by ADM. In the event that,prior to the Closing Date, any <br /> component or components of the City's North Plant to be acquired by ADM is damaged to an extent of <br /> hot inore than ten percent(10) of its value prior to said damage as certified-by-the-City's engineer and <br /> reviewed and certified by ADM's engineer,ADM agrees to extend the Closing Date for a period of time <br /> equal to that taken by the City to repair or replace that part of the North Plant to be.acquired by ADM <br /> I <br />
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