HomeMy WebLinkAboutConAgra Foods Packaged Foods, LLC-Amendment to Development Agreement-07.07.2008 7- 7- 0 g
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SECOND AMENDMENT TO DEVELOPMENTAL AGREEMENT
This Second Amendment to Developmental Agreement (the "Amendment") is entered
into as of zinc. °I , 2008, by and between the City of Waterloo, Iowa ("City") and
ConAgra Foods Packaged Foods, LLC ("CAF").
RECITALS
A. CAF is a successor in interest to ConAgra Foods Packaged Foods Company, Inc.
and Hunt-Wesson, Inc., which was a party with City to that certain Developmental
Agreement dated May 14, 1997 (the "Agreement") concerning the development of
land as described in the Agreement. The Agreement was amended by a letter
dated March 3, 2006.
B. Pursuant to the amended Agreement, CAF has an option to purchase and a right
of first refusal to purchase certain real property described on Exhibit A-1 of the
Agreement (the "Additional Land").
C. In connection with CAF's production plant, City operates a wastewater
pretreatment and flow-equalization facility (the "Facility") on Airline Highway.
D. To adequately service CAF's plant, it is necessary for City to expand the Facility
onto the Additional Lend, and the parties desire to further amend the amended
Agreement to reduce the area of the Additional Land for this purpose.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties hereby agree as follows:
1. The real property described on Exhibit "A" attached hereto shall constitute an
exclusion to the Additional Land (the "Excluded Land"). The Excluded Land consists only of the
area on which the Facility will be expanded.
2. The Additional Land, less the Excluded Land, shall continue to be subject to
CAF's option and right of first refusal as provided in the amended Agreement. CAF hereby
waives and forever relinquishes any and all claim or right to purchase the Excluded Land.
3. The "miscellaneous provisions" set forth in Section 18 of the Agreement are
hereby incorporated by reference as though set forth herein in full.
4. Within sixty days following the date hereof, the parties shall execute and record a
mutually acceptable memorandum of the first right of refusal and option.
IN WITNESS WHEREOF, tie parties have executed this Second Amendment to
Developmental Agreement by their duly authorized representatives as of the date first set forth
above.
[signatures on following page]
CONAGRA FOODS PACKAGED CITY OF WATERLOO, IOWA
FOODS, LLC.
By: By.
Title: -"NMIid- - <<, I . Timothy J. H or, Mayor
B
Nanc Ecke '';,City Clerk
2
EXHIBIT "A"
Excluded Land
(See Attached Legal Description & Sketch)
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
LEGAL DESCRIPTION & SKETCH
q SHEET 1 OF--1PART OF LOT 11, MIDPORT AMERICA PARK PLAT No. 2
l IY WATERLOO, BLACK HAWK COUNTY, IOWA
PROPRIETOR: CITY OF WATERLOO
0 100 SKETCH FOR CON AGRA
LEGEND:
1 INCH = 100 FEET /
/ / 000.00 DENOTES RECORD DIMENSION
/ / (000.00) DENOTES CALCULATED DIMENSION
/ /
/ /
/i /
/' /
/y /
o 1 LEGAL DESCRIPTION
/ / That part of Lot Eleven (11), Midport America Park Plat No. 2,
LOT 10 / -I Waterloo, Black Hawk County, Iowa, described as follows:
c / ll
o / �/ Beginning at the Northwest corner of Tract "C", Midport America Park
/ Plat No. 1; thence N15'00'00"E One Hundred (100.00) feet along the
// M/ West line of aforesaid Lot Eleven (11); thence S75'00'00"E Two
Hundred (200.00) feet to a point on the Northerly extension of the
/ / East line of aforesaid Tract "C"; thence S15'00'00"W One Hundred
/ / (100.00) feet along said Northerly extension to the Northeast corner
/ / / of said Tract "C"; thence N75'00'00"W two Hundred (200.00) feet
1 I / along the North line of said Tract "C" to the point of beginning
/ containing 20,000 square feet.
/ / WEST LINE
/ / LOT 11
/ /
(S75'0p.
/ W o
VI o o/ Czop.ppO f)
POINT OF 1 o o/ NORTHERLY EXTENSION 0
rn
BEGINNING /\ o o (20,p0p F ^� EAST LINE TRACT "C" co
NW. CORNER ;hI S. -n
TRACT "C" / `.1 �N� , o o MIPORT AMERICA PARK m
/ `, zop(°p0p7 j . PLAT No. 2 0
1/ / fr.,
MIPORT AMERICA PARK LOT 11 m
PLAT No. 1 NORTHEAST
NORTH LINE-
,o TRACT "C" TRACT NORTH
/ "C"
/ N o
�
/ y TRACT "C" o,
0 to
6p" tri
�s J o
£MeNT `9 N
0
/
RADIUS, 6 /
C, 200.60 3 \00,4s, i
CNl�ry c gR 0/US--_ ----- 30-so. i
C /11- -Rq IL Roq o ND 8'426 f ' 60' EASEMENT
E 5 309.09"E
309.13'
SAIRLINE HIGHWAY
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