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� � � <br /> r <br /> • l ' t <br /> I <br /> , y t , v <br /> ■ i <br /> of any wholly or majority owned subsidiary of ADM except for facilities of any current or <br /> former "large user" of the City's water system, other than ADM, as that term is defined in <br /> Chapter 64 of the City Code, or any subsidiary or affiliate of such large user, and ADM is willing <br /> to upgrade the North Plant to meet all of ADM's industrial cooling and process water <br /> requirements at these facilities; and <br /> WHEREAS, under the terms and conditions of the Raw Water Supply Agreement <br /> attached hereto as Exhibit G and made a part hereof, the City is willing to sell to ADM, and <br /> ADM is willing to purchase, a raw water supply from Lake Decatur for the North Plant upon its <br /> acquisition by ADM. <br /> NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter <br /> contained, and for other good and valuable consideration, the receipt of which hereby is <br /> acknowledged, the parties hereto agree as follows: <br /> 1. Recitals. The foregoing recitals are accurate and are incorporated as part of this <br /> Agreement. I <br /> 2. Agreement to Purchase and Sell. The City agrees to sell and convey to ADM, ' <br /> and ADM agrees to purchase and acquire from the City, under these terms and conditions, assets � <br /> constituting the City's North Plant water intake and treatment facilities as described in I, <br /> Paragraph 3. I'! <br /> 3. Description of Assets to Be Sold. The North Plant assets to be conveyed by the <br /> City to ADM and to be acquired by ADM by good and sufficient documents of conveyance and <br /> transfer as described in Paragraph 19(a) hereof, shall consist of the following, together with all <br /> additions and improvements thereto made prior to the Closing Date: <br /> (a) The real estate described on Exhibit B attached hereto and made a <br /> part hereof. <br /> -2- <br />