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99-01 AUTHORIZING SALE OF REAL PROPERTY - NORTH WATER TREATMENT PLANT - ARCHER-DANIELS-MIDLAND COMPANY
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99-01 AUTHORIZING SALE OF REAL PROPERTY - NORTH WATER TREATMENT PLANT - ARCHER-DANIELS-MIDLAND COMPANY
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3/10/2016 9:17:26 AM
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Resolution/Ordinance
Res Ord Num
99-01
Res Ord Title
AUTHORIZING SALE OF REAL PROPERTY - NORTH WATER TREATMENT PLANT - ARCHER-DANIELS-MIDLAND COMPANY
Approved Date
1/4/1999
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- � . <br /> , _ . �, . <br /> , r , r <br /> i � <br /> shall restore the North Plant to its condition prior to <br /> commencement of such work. <br /> (� ADM shall save and hold the City and its Mayor, City Council, <br /> officers, employees, attorneys, representatives and agents from any <br /> and all claims, suits, and judgments, including litigation expenses <br /> and attorneys' fees, resulting from ADM performing such work <br /> prior to Closing or from any removal and restoration work referred <br /> to above. <br /> The City hereby grants ADM a limited, temporary license for access to the North Plant prior to <br /> Closing for the limited purpose of such upgrade work by ADM prior to Closing. <br /> 8. Transition Period. Upon Closing, ADM shall operate and maintain the North <br /> Plant to satisfy a portion of its industrial cooling and process water supply requirements, even <br /> though ADM may be engaged in upgrade work. During the period from Closing until the <br /> upgrade work is completed, ADM may obtain a portion of its industrial cooling and process <br /> water supply requirements by purchasing potable water from the City, not to exceed eleven (11) <br /> MGD, with a day being any twenty-four (24) hour period beginning at midnight, at the City's <br /> regular rates from time to time in effect. If ADM should exceed this limit, the provisions of <br /> Paragraph 9 shall apply. Such water obtained from the City shall be isolated by ADM from its <br /> water purchases from the City for potable water applications. For a period of ninety (90) days <br /> commencing upon the Closing under this Agreement, upon twenty-four (24) hours prior request <br /> by ADM, the City shall provide ADM with such advice, training and transition assistance <br /> regarding operation and maintenance of the North Plant as ADM reasonably may request, subject <br /> to reimbursement of the City's cost to provide such advice, training and transition assistance. <br /> ADM may request, and the City shall provide at no cost to ADM, such advice, training and <br /> transition assistance prior to Closing, subject to availability of personnel. <br /> -7- <br />
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