4.3 SR 05-17-2021 - Laserfiche WebLink

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4. Cargill will transfer PID 75-011-4100 to the City contemporaneously with approval and recording of the plat. The City will prepare, and Cargill will approve, the deed to effect this transfer, and the City will bear all costs to record the deed and complete the transfer. 5. As consideration for Cargill's transfer of PID 75-011-4100 and dedication of a portion of PID 75-011-4400 to the City, the City recognizes Cargill's desire and intent to use indefinitely the Cargill Property for agricultural purposes, including but not limited to animal nutrition and agricultural research and other activities integral to or supporting the CIC, and represents that it is not the City's intent to: a. Impose any zoning or other land use regulations inconsistent with this Agreement or amend the current zoning designations for the Cargill Property; b. Prevent, eliminate, or interfere with Cargill's use of the Cargill Property in any way, except as reasonably necessary to enforce the City's ordinances, regulations, and requirements and such other laws and regulations as the City is obligated to enforce; C. Extend the City's Urban Services Area or otherwise promote urban development of any areas within the Cargill Property; or d. Condemn any portion of the Cargill Property, except as necessary for public improvement projects designed primarily to serve other properties; or e. Extend public utilities and/or roadways under or across the CIC, except as described herein. 6. The City shall take title to the Property in an "as -is", "where -is", "with all faults accepted" condition. CARGILL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ITS PHYSICAL OR ENVIRONMENTAL CONDITION, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS OF THE PROPERTY FOR ANY PARTICULAR PURPOSE EXPRESS OR IMPLIED. 7. The City will construct a roadway connecting 168 h Circle to 165 h Avenue, along with utilities and associated public improvements, through PID 75-011-4100 and within the dedicated area on the western edge of PID 75-011-4400. Installation of the roadway and extension of utilities to 165 h Avenue will be at no cost to Cargill. The City will complete the roadway improvements connecting 168 h Circle to 165 h Avenue no later than Dec 1, 2022. 8. The City will complete extension of water and sewer utilities to 165 h Avenue and east along 165 h Ave within the boundary of PID 75-012-3300 so that Cargill can connect to utilities along 165 h Avenue any time after July 1, 2022. 9. Upon transfer of PID 75-011-4100 to the City, the City will be allowed to subdivide, sell and develop PID 75-011-4100 as the City determines, subject only to the following: a. The City agrees that no future use of property within PID 75-011-4100 can be animal related unless Cargill agrees, in writing, to the proposed use. All deeds 2