City Consideration. In consideration for Developer’s agreement to satisfy the requirements set out in Section III, below, City hereby agrees as follows:
2.1 City shall convey to Developer by Special Warranty Deed, title to the Surface Estate, subject to Permitted Encumbrances and Reservations, a n 8.853 acre tract, more or less, located in the X.X. Xxxxxx Survey, A-62, Bryan, Brazos County, Texas, and being more particularly described in Exhibit “A” attached hereto.
A. As Is. The Property will be conveyed “as is, without warranty”, except that City will warrant title by Special Warranty Deed to the Property, subject only to the Permitted Encumbrances and Reservations. The conveyance shall be by Special Warranty Deed.
City Consideration. In Consideration for COUNTY’S agreement to annex the PROPERTY, the CITY agrees to provide the following:
a. To pay for the materials, labor, and other costs and fees the estimated amounts as outlined as the responsibility of the CITY in the attached estimate attached as Exhibit B. The PARTIES agree that any underestimate in costs does not relieve each respective party of their obligations to pay the items listed on Exhibit B and all PARTIES agree they are responsible for their assigned cost regardless of total final amount. In the event that costs are greater or lesser than estimated, each PARTY’S respective share shall be proportionate to the percentage of cost attributed to that party in Exhibit. B.
b. CITY agrees to pay for costs associated with any sewer or water laterals it requests be added to those set forth in Exhibit B.
c. CITY shall pay for all design, engineering and permitting costs related to the sewer and water project. CITY shall provide timely design, engineering, and permitting for the installation of water and sewer services in a manner consistent with the current industry standards for a like project. CITY shall administer and manage the construction of the Sewer and Water Project. CITY shall invoice COUNTY for construction. CITY shall coordinate efforts with COUNTY Land Conservation staff to coordinate any corresponding streambank restoration projects.
d. To provide and maintain an appropriate timeline for the installation of the sewer and water service to, and through, the PROPERTY, with construction anticipated to occur in 2021 unless mutually agreed otherwise by said PARTIES.
e. CITY shall allow COUNTY continued use of private xxxxx for the sole purpose of filling Xxxxxxx Lake and irrigation needs within the park. COUNTY shall have the right to maintain and replace and/or build new private xxxxx serving this purpose so long as said property remains a COUNTY park.
f. CITY shall prepare legal description and annexation map, meeting the standards of the Wisconsin Department of Administration’s (hereinafter WDOA) annexation review submittal.
g. CITY shall adopt an Annexation Ordinance approving the COUNTY annexation petition, upon review and concurrence by WDOA if required, and provide the COUNTY the following temporary zoning category Temporary Agricultural in accordance with Appleton Municipal Code Sec. 23‐65 for a period not to exceed 90 days, during which time the City shall petition the Planning Commission to reassign the zoning of ...
