2005/08/24 Council Agenda Packet

_ 12 (3) Lot 45-C,shall be transferred by October 31, 20076, or by such time tons of fill material on Lots 45 B and '15 C, whichever date is later: term of this Agreement; and provided further that, such conveyance shall be made sooner in the event that CSR AssociatedRinker or its discontinued for a period of eighteen(18)months or more)-. (4) Lot 45-D, shall be transferred by n ctober 31, 2007; (5) Lot 45-E, shall be transferred by no-later-than-October 31, 200128. CSR AssociatedRinker agrees to complete the necessary work work set forth in subsections (c) and(d)below, as well as those conditions listed in Section 1.7, and notify the City of its readiness to convey sueh-each Transfer Lots to the City on or before sixty(60) days prior to the applicable such Dates. (Lot 45-A has already been properly conveyed is deemed ready by CSR AssociatedRinker for conveyance to the City as of the date of execution of this revised-Agreement.) Except as stated in this Agreement, theis respective conveyances eonveysinclude no warranties or other assurances. The term"Transfer Date" shall refer to the date that aeach Transfer Lot is required to be conveyed to the City. (c) Maximum Level of Fill. Subject to approval by the State Department of Natural Resources ("DNR") in the aAmended surface mining pPermit, as defined in Section 2004 Revised Development Agreement !: a:..•• •• ... • `. . • --• 8/1/2005 :dtt .ret a r!t _ •ee •!! !! t!. ! .'.. • !!.. t!.: :*!!