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I <br />I <br />i <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> property rights' conveyance from any mortgagee or other <br /> encumbrancer. <br /> <br /> 9. Failure of Marketable Title. If title to said land is <br />not marketable in the opinion of the City Attorney and cannot be <br />made marketable within sixty (60) days after the date hereof, or, <br />if any encumbrances shall refuse or fail to join in the grant of <br />the property rights,then, at its option, the CITY may declare this <br />Agreement terminated and the CITY will then not be obligated to <br />perform under this Agreement. <br /> <br /> 10. Form of Property Rights. The written property rights to <br />be granted shall be prepared in deed form by the CITY at its own <br />expense and shall be fee title easement and a permanent easement <br />for the construction of sanitary sewer and storm sewer, watermains, <br />other municipal utilities, and fee title to an 80 foot wide strip <br />of land for McKinley Street right-of-way. Both the temporary and <br />permanent easements shall be a grant of the easement rights "over, <br />under and across" the subject property. The fee title to the <br />McKinley Street 80 foot right-of-way shall be by warranty deed from <br />the LANDOWNER to the CITY. <br /> <br /> 11. Closing Date. The Date of the Closing for the conveyance <br />of the McKinley Street right-of-way and the permanent utility <br />easement shall be ninety (90) days from the date hereof or at any <br />date prior thereto which the CITY, at its option, may designate. <br /> <br /> 12. Entire Agreement. This Agreement constitutes the entire <br />Agreement and supersedes any prior agreements and understandings, <br />oral and written between the parties hereto with respect to the <br /> <br /> <br />