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R2011-32 APPROVING AGREEMENT ARCHER-DANIELS-MIDLAND COMPANY
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R2011-32 APPROVING AGREEMENT ARCHER-DANIELS-MIDLAND COMPANY
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9/1/2015 4:14:32 PM
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9/1/2015 4:14:29 PM
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Resolution/Ordinance
Res Ord Num
R2011-32
Res Ord Title
AGREEMENT ARCHER-DANIELS-MIDLAND COMPANY WATER AND SEWER MAIN CONSTRUCTION / UTILITY EASEMENT
Approved Date
3/21/2011
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3. That the Owner shall construct the Project in accordance with the City's <br /> Specifications for Water and Sewer Main Construction and other applicable Codes <br /> and Ordinances. <br /> 4. The Owner shall advise the City when construction begins on the Project <br /> and shall advise the City prior to making any repairs or performing any maintenance <br /> on the Project and the City shall have the right to inspect any and all construction and <br /> maintenance that occurs on the Project at the Site. <br /> 5. That upon completion of the Project by the Owner in accordance with the <br /> rules and regulations of the TEPA, the terms set forth in this Agreement and as per <br /> the terms set forth in Exhibit C, the City agrees to accept ownership of the water and <br /> sewer main extensions and appurtenances of the Project on the Site. <br /> 6. To the extent permitted by law, the Owner agrees to indemnify, hold <br /> harmless and defend the City, its officials, employees, officers and agents from any <br /> and all claims, demands, liability, losses, suits in law or equity arising over the <br /> construction, use, operation and maintenance of the water and sewer main <br /> extensions and appurtenances of the Project at the Site. <br /> 7. The Owner agrees to observe and comply with all rules, regulations, <br /> ordinances, statutes and zoning laws not in force or which may be enacted during the <br /> term of this Agreement, including but not limited to the Prevailing Wage Act and other <br /> wage and employment laws, and further agrees to hold harmless, indemnify and <br /> defend the City for any damage or claim caused by violation thereof. <br /> 8. That this Agreement shall be binding upon and inure to the benefit of any <br /> successor entities, parties or subsequent purchasers which shall assume the <br /> obligations of the party hereto. <br /> 9. That the City shall, after inspecting all work performed on the water and <br /> sewer main extensions and appurtenances of the Project at the Site and approving all <br /> work performed, accept in writing ownership of the water and sewer main extensions <br />
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