R2011-32 APPROVING AGREEMENT ARCHER-DANIELS-MIDLAND COMPANY

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and appurtenances of the Project at the Site and provide such to Owner within thirty (30) days of said approval. 10. The Owner agrees to execute, record and deliver to the City, an easement granting the City the right to perform any and all necessary work to maintain the water and sewer main extensions and appurtenances of the Project at the Site within thirty (30) days after completion of the Project and acceptance of ownership by the City. The City shall not be responsible for restoring, repairing or making any improvements to those improvements set forth in paragraph 2 of this Agreement. 11. This Agreement, including Exhibits, addendums and amendments, shall run with the land and be binding upon as assigns and successors in interest to the Owner of the Site. The Owner shall cause the conveyance of easement attached hereto as Exhibit A, to be recorded in the office of the Macon County Recorder of Deeds in the chain of title for the Site within thirty (30) days of execution. 12. Should the Owner terminate this Agreement for any reason, it shall be responsible for reimbursing to the City the costs expended by the City in maintaining the Project upon written request by the City. Said reimbursement shall be due and owing thirty (30) days following said written request. 13. That any breach of this Agreement by either party hereto shall make the breaching party liable for the payment of all costs, including attorneys' fees, incurred by the non-breaching party for the enforcement hereof by legal proceedings. 14. That if any provision of this Agreement is found to be void or unenforceable for any reason by any court or other body of competent jurisdiction, the remaining provisions hereof shall be unaffected by such decision or decisions and shall remain in full force and effect. 15. That no amendment of this Agreement shall be valid unless made in writing and signed by an authorized agent of each party.