2005/08/24 Council Agenda Packet

. 1 Rinker within thirty(30) days of the date that the notice is delivered,provided however, in the event the cure is not capable of being completed within said thirty(30) day period,Rinker shall not be in Default if it commences and completes a cure in a commercially reasonable manner. (b) Representations. As of a Transfer Date, all of CSR AssociatedRinker's representations and warranties set forth in this Agreement as to the Transfer Lot shall be true. (c) Title Policy. Title Company shall have committed to issue a title policy to the City as required by Section 1.6 above. (d) No Litigation. No litigation or proceeding shall be pending or shall have been threatened which could impair the transaction contemplated hereby or City's intended use of the-a Transfer Lots. (e) Reclamation. All reclamation completed on a such-Transfer Lot(s) shall have has-been completed by CSR AssociatedRinker at its sole cost and expense in accordance with the aAmended DNR surface mining pPermit and the City's "Technical Acceptance Standards" as set forth in the attached Exhibit C (the "Acceptance Standards"). The parties acknowledge that there is an existing DNR surface mining permit(#70-010161) that will require amendment in order to implement this Agreement(as amended,the "Amended Permit"). Upon Rinker's written request, the City shall issue a letter to DNR indicating the City's support for any reclamation permit amendments required to implement this Agreement, so long as such amendments are consistent with the terms of this Agreement,City regulations and state law. (1) Grading. The Each Transfer Lot(s)shall have been rough-graded and compacted by CSR AssociatedRinker at its sole cost and expense in accordance with the City's 2004 Revised Development Agreement !f.l:.. . -.•. _ . - r ... . •• -- 16 8/1/2005 . !! •!! •!! !! . '' •••!!. ! e',: !!.: . !!•. !!.• :•''