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Provided, that if on its Transfer Date, Lot 45-B is less than 580 feet but more than 564 feet in <br /> rough-grade elevation, Lot 45-B shall still be timely conveyed at whatever rough-grade elevation <br /> has been achieved; Provided further, that if the rough-grade elevation of Lot 45-B is less than <br /> 580 feet at its Transfer Date, CSR-Associated shall be entitled to raise the rough-grade elevation <br /> of Lot 45-C by one foot for each foot that the rough-grade elevation of Lot 45-B is less than 580 <br /> feet, up to a maximum of five feet higher than the rough-grade elevation of Lot 45-B at the time <br /> of its conveyance. For example, if Lot 45-B is transferred to the City at rough-grade elevation <br /> 572 feet, the maximum rough-grade elevation for Lot 45-C shall be 577 feet. However, if Lot <br /> 45-B is transferred to the City at rough-grade elevation 579 feet (one foot less than the planned <br /> elevation level), the maximum rough-grade elevation for Lot 45-C shall be 581 feet (one foot <br /> more than the planned elevation level). <br /> (d) Minimum Level of Fill. The rough-grade elevation of Lot 45-B on its <br /> Transfer Date shall be no less than 564 feet. The rough-grade elevation of Lot 45-C on its <br /> Transfer Date shall be no less than the rough-grade elevation of Lot 45-B on its Transfer Date. <br /> (e) Tonnage Records. CSR-Associated shall deliver to the City, within thirty <br /> (30) days of the end of each calendar year quarter, records showing tons of fill material placed on <br /> Lots 45-B and 45-C for that quarter. <br /> 1.2 Representations and Warranties. CSR-Associated hereby represents and <br /> warrants to the City, as of the date hereof and as of each Transfer Date, that: <br /> (a) Title. CSR-Associated warrants that it has good and merchantable title in <br /> fee simple, free and clear, with full right to make the conveyance described herein. <br /> S:\GDoughty\WINWORD\CSR\AgreementFinal.doc 5 <br /> Seattle/2.8.00 <br />