HomeMy WebLinkAboutDeere & Company-3/15/20101111111111111111111111111111III1nIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID 004357470002 Type GEN
Kind AGREEMENT
Recorded: 12/30/2010 at 03:36:45 PM
Fee Amt: $14.00 Pape 1 of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2011-00013286
cfct-9 P L--t-e_r - St -Z.,
Prepared by Chris Wendland, Clark, Butler, Walsh & Hamann, PO Box 596, Waterloo, IA, 50704, (319) 234-5701.
AGREEMENT FOR TRANSFER OF LIFT STATION
This Agreement for Transfer of Lift Station (the "Agreement") is entered into as of
15 , 2010, by and between Deere & Company ("Deere") and the City of
Waterloo, Iowa ("City").
RECITALS
A. Deere is the owner of a storm water lift station (the "Station") in the vicinity of
Westfield Avenue and Black Hawk Creek, on real property owned by or under the
jurisdiction and control of City (the "City Property").
B. Deere has made certain improvements to the Station to ready it for use by City,
and City is satisfied with the quality and condition of the Station.
C. The parties desire to effectuate the transfer of ownership of the Station and
ongoing responsibility for its maintenance, operation and use.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Transfer. For good and valuable consideration, the receipt of which is hereby
acknowledged, Deere does hereby assign, transfer and convey to City all of Deere's right, title
and interest in and to the Station, to have and to hold the Station, unto City, its successors and
assigns, to its own proper use and benefit forever. For purposes of this section, "Station"
includes but is not limited to all machinery, equipment, accessories, accessions, parts, and
buildings that make up the storm water lift station and that are situated on the City Property.
2. Responsibility. From and after the date hereof, Deere shall have no further
responsibility for the repair, maintenance, upkeep, improvement, function, operation, or any
other activity that may be necessary or prudent for the proper use of the Station.
3. Counterparts. This Agreement may be executed in any number of counterparts,
each of which, including signatures transmitted by facsimile or other electronic means, shall be
deemed an original and all of which together shall constitute one and the same instrument.
4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties. Time is
of the essence in the observance and performance of the duties and rights set forth in this
Agreement.
r . o'
IN WITNESS WHEREOF, the parties have executed this Agreement for Transfer of
Lift Station by their duly authorized representatives as of the date first set forth above.
DEERE & COMPANY
DENISE L. SEARS
COMMISSION NO. 753942
MY COMMISSION EXPIRES
JULY 29, 2011
2 O
2
CITY OF WATERLOO, IOWA
By:
"hist G. Clark, Mayor
Attest:
Suzy
hires, City Clerk