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<br />in favor of the City, in forms mutually acceptable to the parties, conveying the <br />sanitary sewer system and certain improvements as described in Exhibit C <br />attached hereto and incorporated herein by this reference. <br /> <br />D. It is specifically understood that the City is not guaranteeing the appropriateness, <br />efficiency, quality or legality of the use or development of the Property, <br />including, but not limited to, drainage or sewer plans, fire safety, or quality of <br />construction. <br /> <br />4. Amendment. This Agreement may be amended or terminated only by a written <br />instrument executed by the parties hereto or by their respective successors in interest or assigns, and <br />approved by the City Commission after public hearing, except that because paragraph 3(C) herein is <br />provided for the benefit of the proposed development and for the benefit of adjoining landowners, <br />this section may not, therefore, be amended or extinguished. <br /> <br />5. Recording. This Agreement shall be recorded by the City, at Developer's expense, <br />among the Public Records of Seminole County, Florida. The recordation of this Agreement shall not <br />constitute or impose any lien or encumbrance upon the title in the Property and shall instead only <br />constitute record notice of governmental regulations which govern the development and use of the <br />Property, and shall run with the land. <br /> <br />6. Severability. If any provisions of this Agreement are held to be illegal or invalid, the <br />remaining provisions of this Agreement shall remain in full fore and effect. <br /> <br />7. Successors and Assigns. This Agreement and the terms and conditions hereof shall <br />be binding upon and inure to the benefit of the City and Developer and their respective successors in <br />interest and assigns and shall be binding upon the Property and shall run with the title to the <br />Property. <br /> <br />8. Duration. This Utility Commitment Agreement shall be valid for five (5) years, but <br />may be extended another five (5) years by mutual consent of the City and the Developer. <br /> <br />9. Notices. Where notice is required to be given, it shall be by certified mail return <br />receipt requested, addressee only, hand delivery or courier. Said notice shall be sent to the following <br />as applicable: <br /> <br />DEVELOPER: <br /> <br />ExxonMobil Oil Corporation <br />3225 Gallows Road <br />Fairfax, Virginia 22037 <br />Attn: Real Estate and OSP Alliance Manager <br /> <br />3 <br />