Agenda - Council - 11/13/2001 - Laserfiche WebLink

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e. LANDOWNER'S existing first and second mortgages encumbering the said property. PUBLIC IMPROVEMENTS. That the CITY will construct the Public Improvements in accordance with its construction schedule. SITE IMPOVEMENTS. That the CITY will construct the various site improvements on the Subject Property as identified and designed on Exhibit D. These improvements include: (1) the relocation of the existing driveway serving the Subject Property to a location from Azurite Street when said street has been constructed and (2) removal of certain curb and parking spaces and construction of new curb and parking spaces on the Subject Property, and (3) connection to sewer service from Azurite Street NW. TURF RESTORATION. The CITY shall restore all disturbed turf and landscaped areas by properly grading said areas, placement of three inches of topsoil where necessary, and either sod or seeding of said areas. All such disturbed areas east of the new driveway shall be seeded and all such disturbed areas west of the new driveway shall be sodded. The CITY shall relocate and replace existing trees and shrubs disturbed by its construction as shown on Exhibit D. IRRIGATION SYSTEM. The LANDOWNER shall be responsible for the removal and replacement of any underground turf irrigation systems which may be impacted by the CITY'S construction shown on Exhibit D. LANDOWNER shall hold the CITY, its contractors, agents and assigns harmless from any damage to said irrigation system resulting from the construction activities contemplated by this Agreement. RESTORATION COMPLETION. All restoration by the CITY shall be completed on or before July 31, 2002. LICENSE TO ENTER. Upon execution of this Agreement, LANDOWNER grants the CITY, its contractors, agents and assignees a license to enter upon the Subject Property for the purposes of installing and constructing the improvements detailed on Exhibit D herein. This license to enter onto the Subject Property shall expire on October 31, 2002. CITY'S CLOSING DOCUMENTS. On the Closing Date, CITY shall execute and/or deliver to LANDOWNER the following (collectively, "CITY'S Closing Documents"): A Wan'anty Deed, in form reasonable and satisfactory to LANDOWNER, conveying the City Exchange Property to LANDOWNER, free and clear of all encumbrances except for the perpetual drainage and utility easement reservation; An Affidavit of Seller by CITY indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving CITY or the City Exchange Property; that there has been no skill, labor or material furnished to the City Exchange Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded I I ! ! I I ! I ! I I I I I I ! I -176- 3