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event that CSR-Associated or its successor discontinues and abandons <br /> its filling activities on Lot 45-C (such abandonment will be presumed <br /> if such filling activities are discontinued for a period of eighteen(18) <br /> months or more). <br /> CSR-Associated agrees to complete the necessary work and notify the City of its readiness to <br /> convey such Lots to the City on or before sixty(60) days prior to such dates. (Lot 45-A is <br /> deemed ready by CSR-Associated for conveyance to the City as of the date of execution of this <br /> Agreement.) Except as stated in this Agreement, this conveyance conveys no warranties or other <br /> assurances. The term "Transfer Date" shall refer to the date that a Transfer Lot is required to be <br /> 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 surface mining permit, the maximum rough-grade <br /> elevations of the Transfer Lots (measured from the plane of the Lots) on the Transfer Dates shall <br /> be as follows (all elevations at Old City of Everett Datum):1 <br /> (1) Lot 45-A: 564 feet; <br /> (2) Lot 45-B: 580 feet; and <br /> (3) Lot 45-C: 580 feet: <br /> The topographic data used in this Agreement is referenced to the Old City of Everett Datum which is no longer in <br /> common use. The conversion equations below may be used to convert the elevations to the current vertical datum, <br /> the North American Vertical Datum of 1988(NAVD '88)or the mean sea level datum(NGVD '29): <br /> Old City of Everett Datum minus 95 33' =NAVD 1988 Datum(current datum used in the City); <br /> Old City of Everett Datum minus 99.02' =NGVD 1929(mean sea level datum). <br /> At the location of the Property,NAVD minus 3.691' =NGVD. <br /> S:\GDoughty\WINWORD\CSR\AgreementFinal.doc 4 <br /> Seattle/2.8.00 <br />