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to the City on or before sixty(60) days prior to the applicable Transfer Date. (Lot 45-A has <br /> already been properly conveyed by Rinker as of the date of execution of this Agreement.) <br /> Except as stated in this Agreement, the respective conveyances include no warranties or other <br /> assurances. The term "Transfer Date" shall refer to the date that each Transfer Lot is required to <br /> be conveyed to the City. <br /> (c) Maximum Level of Fill. Subject to approval by the State Department of <br /> Natural Resources ("DNR") in the Amended Permit,as defined in Section 1.8(e)below, the <br /> maximum rough-grade elevations of each of the Transfer Lots(measured from the plane of each <br /> Transfer Lot) on the Transfer Dates shall be as follows (all elevations at NAVD of 1988 <br /> Datum):1 <br /> (1) Lot 45-A: 468.67 feet; <br /> (2) Lot 45-B: 505 feet; <br /> (3) Lot 45-C: 505 feet; <br /> (4) Lot 45-D: 445 feet; and <br /> (5) Lot 45-E: 490 feet. <br /> (d) Minimum Level of Fill. Subject to approval by the State Department of <br /> Natural Resources ("DNR") in the Amended Permit, as defined below, the rough-grade elevation <br /> 1 The topographic data used in this Agreement is referenced to the North American Vertical Datum of 1988(NAVD <br /> '88). The conversion equations below may be used to convert the elevations to other datums no longer in common <br /> use such as the mean sea level datum(NGVD '29),or the Old City of Everett Datum: <br /> NAVD 1988 Datum plus 95.33'=Old City of Everett datum; <br /> NAVD 1988 Datum minus 3.691'= NGVD 1929(mean sea level datum). <br /> 2004 Revised Development Agreement <br /> 5 <br /> 8/23/2005 <br />