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201800350 <br />STATE OF NEBRASKA <br />LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT <br />TEMPORARY EASEMENT - LIMITED LIABILITY COMPANY <br />Copies to: <br />1. Right of Way Division, Nebraska Department of Roads Project No.: 2017 -S -3 <br />2. Owner Control No.: N/A <br />3. Buyer Tract No.: 1 <br />THIS CONTRACT, made and entered into this 4 04-day of , E 6-1776 k_. , 2017, <br />by and between, SHAFER & HARTMANN FARMS, L.L.C., a Nebraska Limited Liability Company <br />organized and existing under and by virtue of the laws of the State of NEBRASKA <br />Address: 1498 East One R Road, Grand Island, Nebraska 68801 <br />hereinafter called the OWNER, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the BUYER. <br />TEMPORARY EASEMENT <br />WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby grants <br />to the BUYER a Temporary Easement to certain real estate described in: <br />SEE ATTACHED EXHIBIT "A" <br />It is understood that the easement area(s) may be used for the temporary relocation of utilities during the <br />construction of the project. <br />The BUYER agrees to purchase the above described Temporary Easement(s) and to pay, therefore, upon <br />the delivery of said executed Temporary Easement(s). If the OWNER so desires, they shall have the right to <br />receive 100% of the final payments due under this contract prior to vacating the premises being acquired. <br />Approximately sq. ft. at $ per sq. ft. x 10% $ <br />Approximately 251,001 sq. ft. at $ 0.021 per sq. ft. $ 5,275.00® <br />Approximately sq. ft. at $ per sq. ft. $ <br />Moving and replacing approximately rods of fence at $ per rod $ <br />Moving and replacing approximately rods of fence at $ per rod $ <br />Other Damages: $ <br />It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises <br />described above. <br />The above payments shall cover all damages caused by the establishment and construction of the above <br />project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance <br />of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as <br />are required to be planted annually and which were planted at the time of the signing of this contract and which <br />are actually damaged due to construction of this project, but in no case shall damages be paid for more than one <br />year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop <br />damage. <br />If any other party shall hold any encumbrance against the aforementioned property at the time of delivery of <br />the aforementioned property, such payments as are due under this contract shall be made to the OWNER jointly <br />with the party or parties holding such encumbrance, unless said party or parties holding such encumbrance shall <br />have in writing waived their right to receive such payment. <br />Expenses for partial release of mortgages will be paid by the BUYER, if required. <br />TOTAL $ 5,275.00 <br />This contract shall be binding on both parties as soon as it is executed by both parties, but should none of <br />the above real estate be required, this contract shall terminate upon the payment of $10.00 by the BUYER to the <br />OWNER. <br />This contract may be executed in more than one copy, each copy of which, however, shall serve as an <br />original for all purposes, but all copies shall constitute but one and the same contract. <br />Construction of Sanitary Sewer extension will be limited to November 1st or before, if crop has been <br />harvested, through April 1st. All construction activity will cease from April 1st to November 1st except by mutual <br />agreement of land owner and contractor. <br />