HomeMy WebLinkAboutA008 - Addendum 03604
STORY CJUiNwTY, IOWA
INS?# F FILED FOR RECORD
FEE$aQ_QQ_ X(R AM
ADDENDUM C r 2 11986--P#•
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1 . There is added to paragraph 1 , the fo11owJW_A111. POTTER, Recorder
R� — Deputy
"In consideration of the said payment , Asgrow shall
M Lo execute and deliver to Ames the originals of the
0 H said deed and easement ; and , Ames shall have pos-
0 a session of the land to be conveyed , and use of the
w w easement , as of April G , 1986. "
L
M co
N N 2. Nothing in paragraph 3 shall constitute an admission
o by the City that such regulatory restrictions as are referred
oo o° to therein are a "taking" or in any way are invalid ; but , the
"' w City does agree to pay additional compensation to Asgrow if
ria the said regulatory restrictions cause a loss to Asgrow which
a
Q would not have been incurred but for the location of City
W wells on the land acquired by this agreement .
3. There is added to paragraphs 7 and 9 , the following :
o
s "Asgrow' s work to maintain , repair or re-establish
said facilities shall be done at its sole expense.
Asgrow shall , at its expense , restore the site
following said work to as near its condition before
the work as is practicable ."
4. Add to paragraph 10 :
"This paragraph pertains only to the movement of
compounds from the buried wastes of a former coal
gasification plant . If contamination other than
that described in the immediately preceding sen-
tence should occur as a result of the City' s opera-
tion of the well field , the parties ' relative
rights and responsibilities shall be determined
under the laws then in effect in the State of Iowa.
but such determination shall not affect the rights
in real property conveyed to the City hereunder."
5 . Add to paragraph 12 , after striking a1.1 after
"reached" .
" . . .either party may seek an adjudication to
determine and declare the additional amounts
payable hereunder , by virtue of paragraphs 3, 4, 5 ,
and 10 , but such adjudication shall not affect the
rights in real property conveyed hereunder."
6. The second line of paragraph 11 is struck and
the following is added as the second line :
"acquiring, developing , or using intended City Well
sites 18 , 19 , 20 ,"
DDUK_Q4SL PAGE
7. Whenever the word "taking" occurs in paragraphs 3,
4, 5 , 10 and 12 , it is struck and the words "item of damages"
are inserted ,
ASGROW SEED COMPANY
DAVID A. PHtLLIP505F. PAUL GOODLAND
Chariman Of The Board MAYOR OF AMES
/ TTE -
T. ` JF F SON MU. P Y ANCY GIBBON
Secr terry J CITY CLERK
Dated this 8th day of April 1986. 1''*
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Addendum
2-
BOOK.L2�_PAGE
ACKNOWLEDGMENT
STATE OF MICHIGAN )
ss.
County of Kalamazoo )
On this 8th day of April, 1986 , before me, the undersigned ,
a Notary Public within and for the State of Michigan , duly
commissioned and acting, appeared in person, DAVID A. PHILLIPSON,
and T. JEFFERSON MURPHY, to me personally known as the persons
whose names appear upon the within and foregoing Addendum and
stated to me that they are the Chairman of the Board and
Secretary , respectively, of Asgrow Seed Company , a Delaware
corporation , and are duly authorized to execute the foregoing
Addendum for and on its behalf; that the seal affixed hereto is
the seal of said corporation and that the foregoing Addendum was
signed on behalf of the corporation by authority of its Board of
Directors , as the free voluntary act and deed of said
corporation.
f
Judith Chambless , N r
Barry C unty, Michigan,,,,,
Acti in Kalamazoo Cq@4 i %;
My Commission Expiresz
f ;� �• O .r � 1r
F` �rer eta
Addendum - Page 3 of 3
BOOK
PAGE.�-�---
CITY ACKNOWLEDGMENT:
STATE OF IOWA )
SS.
COUNTY OF STORY )
On this C4`day of ( A.D., 1986, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared F. Paul Goodland and
Nancy Gibbons to me personally known, who, being by me duly sworn did say that
they are the Mayor and City Clerk, respectively, of said City; that the seal
affixed thereto is the seal of said City; that said instrument was signed and
sealed on behalf of said City by authority of its City Council and that the said
Mayor and City Clerk as such officers, acknowledged the execution of said
instrument to be the voluntary act and deed of said City, by it and by them
voluntarily executed.
e 4
-16
Notary Public in
of Iowa
r
CORPORATION ACKNOWLEDGMEN
%this
)
s .
RY )
day of A.D., 986, before me the u dersigned, a notary
for the State of Iowa, personally appeared and
to me personal known, who, being me duly sworn did
say that the are the and ,
respectively, said corporation; the s I affixed hereto is a seal of the
said corporation. That said instrument wa signed on behalf o said corporation
by authority of it Board of Directors, and that said and
s such officers; acknow dged the execution f said
instrument to e the oluntary act and deed of aid corporation, b it and by
them voluntarily execut d.
Notary Public in and for the State
of Iowa
BOOK PAGE
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