2005/08/24 Council Agenda Packet

12 V (a) Transfer Lots. As used herein, the term "Transfer Lot" shall individually mean, and "Transfer Lots" shall collectively mean Lot 45-A (approximately 13.313.12 acres), Lot 45-B (approximately 2221.49 acres), and Lot 45-C (approximately 29.40 acres), Lot 45-D (approximately 6 acres) and Lot 45-E (approximately 3021 acres) which are,respectively-legally described on Exhibit B attached hereto. CSR AssociatedRinker shall convey each of the Transfer Lots (together with all of CSR AssociatedRinker's right, title, and interest in and to adjacent streets, alleys, rights-of-way and any strips or gores of real estate adjoining the Transfer Lots and all improvements, structures and fixtures located on the Transfer Lots and all rights, title, and interests appurtenant thereto, including all of the rights, licenses, privileges and easements and rights-of-way, land use entitlements, government approvals, permits and rights and appurtenances pertaining to or used in connection with the beneficial use and enjoyment of the Transfer Lots) to the City by Statutory Warranty Deed free and clear of encumbrances or defects except the Permitted Exceptions under Section 1.6 below. CSR AssociatedRinker shall transfer each of the Transfer Lots to the City subject to in accordance with the satisfaction of the conditions described in Section 1.7. CSR AssociatedRinker, and not FSA, will be solely responsible for the developer's obligations in Part One of the Agreement. (b) Timing of Conveyance. Each of Tthe Transfer Lots must be conveyed by Rinker to the City on the following schedule, unless the parties mutually agree otherwise: (1) Lot 45-A, was properly transferred to and accepted by the City on July 11, , 2001 - ..• _ . . . . _ , - . . . (2) Lot 45-B, shall be transferred by October 31, 2005/12; 2004 Revised Development Agreement 9: !:•• • .•. • . . ... . . •• •• .. . • 4 8/1/2005 ••tt • tt , '' tt et et : tt• t , tt•; rtt.; ' tt.. tt•: _ t! 58