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no Abstract or Owner's Duplicate need be provided unless specific- <br /> ally requested by the CITY. <br /> <br /> 8. Marketable Title. The LANDOWNER agrees to render such <br /> aid and assistance as may be reasonably necessary for the CITY to <br /> establish marketable title to the McKinley Street right-of-way. <br /> If said land is encumbered, the LANDOWNER agrees to execute all <br /> documents and to render all aid or assistance requested by the CITY <br /> in its efforts to obtain consent to such property rights' <br /> conveyance from any mortgagee or other 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 to the McKinley Street right-of-way. <br />The fee title to the McKinley Street 80 foot right-of-way shall be <br />by warranty deed from the LANDOWNER to the CITY. <br /> <br /> 11. Closin~ 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 Aqreement. This Agreement constitutes the entire <br /> <br /> I <br /> i <br />I <br />I <br />I <br />i <br />I <br />I <br />I <br />! <br />i <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />! <br /> <br /> <br />