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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 /> other party shall be entitled to (i) terminate this Agreement, (ii) sue for specific performance, and <br /> (iii) pursue any and all remedies available at law or in the equity, including without limitation, <br /> recovery of the actual costs incurred in connection with the transaction contemplated in this <br /> Agreement. <br /> 37. Storage Areas. The City shall have the non-exclusive right to use, without fee, <br /> those storage areas and structures described on Part 1 of Exhibit H attached hereto and made a <br /> part hereof, in the same manner as such storage areas and structures are currently being used by <br /> the City, for a period of two (2) years following Closing; provided, however, that the City's use ; <br /> of such storage areas and structures shall not unreasonably interfere with ADM's intended use of ' <br /> the North Plant; and further provided, that any damage or loss caused by the City's use of such � <br /> storage areas and structures shall be for the account of the City. Beginning not less than sixty <br /> (60) days prior to the conclusion of such two (2) year period, ADM and the City shall negotiate <br /> in good faith with respect to the City's right to use such storage areas and structures, if any, upon <br /> the conclusion of such two (2) year period. The City shall have the non-exclusive right to use, <br /> without fee, those storage areas and structures described on Part 2 of Exhibit H attached hereto <br /> and made a part hereof, in the same manner as such storage areas and structures are currently <br /> being used by the City, for a reasonable time period, not to exceed ninety (90) days, following <br /> Closing; provided, however, that the City's use of such storage areas and structures shall not <br /> unreasonably interfere with ADM's intended use of the North Plant; and further provided, that <br /> any damage or loss caused by the City' use of such storage areas and structures shall be for the <br /> account of the City. <br /> 38. Complete Agreement. This Agreement sets forth the complete understanding <br /> between ADM and the City, and any amendment hereto to be effective must be in writing. <br /> IN WITNE5S WHEREOF, the parties hereto have caused this Agreement to be <br /> executed in their respective corporate names by their respective officers thereunto duly <br /> -22- <br />
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