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Water and Sewer Facility Extensions Construction Agreement <br /> THIS AGREEMENT entered into this date by and between the City of Decatur, <br /> hereinafter called "City", and Archer Daniels Midland Company, hereinafter called <br /> "Developer", <br /> WHEREAS, the City has indicated that the construction documents of water and <br /> sewer facility extensions are in conformance with City standards and specifications and <br /> by signing this Agreement will allow Developer, and its selected contractor(s) and <br /> subcontractor(s) to construct a portion of said extensions within the existing utility <br /> easement hereinafter described as; <br /> East Parkway Drive right-of-way, the south 40 feet of Lot 6 of Northeast Business <br /> and Industrial Complex First Addition, as recorded in Book 1575, Page 228 of the <br /> Records in the Recorder's Office of Macon County and the north 40 feet of Lot 7 <br /> of said Northeast Business and Industrial Complex First Addition. <br /> NOW, THEREFORE, IT IS AGREED AS FOLLOWS: <br /> 1. Developer shall construct at his own expense the water and sewer facility extension <br /> as per plans attached hereto, marked Exhibit A and incorporated herein by reference <br /> as though fully set forth. Said improvements shall be constructed in accordance with <br /> the approved plans and specifications for the project in addition to those standards <br /> and specifications in place for said City in effect governing the construction for <br /> improvements of such type, and subject to the approval of the City's agent(s). The <br /> Developer shall notify the City when any changes to the specifications or <br /> subcontractors are made. <br /> 2. The Developer shall build the project in conformance with the specifications. If the <br /> Developer fails to do so, the City may cash the Site Bond, provided June 15, 2010 <br /> and extended on January 13, 2011, and bring the project up to conformance. <br /> 3. The work is anticipated to be completed by April 15, 2011. Developer shall <br /> coordinate with City in the event work will not be completed by this date. <br /> 4. Developer and Developer's contractors and subcontractors if any, shall be <br /> independent contractors and not agents or employees of the City. <br /> 5. To the extent permitted by law, the Developer shall indemnify, hold harmless and <br /> defend the City, its officials, employees, officers and agents from any and all <br /> claims, demands, liability, losses, suits in law or equity arising over the <br />