Common use of Form of Deed Clause in Contracts

Form of Deed. City shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. All easements of record; 3. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 5. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b).

Form of Deed. City Seller shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. All easements of record; 3. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. A restriction requiring that the Property cannot be used for school purposes. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by City’s Common Council. 5. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- of-way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 56. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b).

Form of Deed. City Agency shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer Redeveloper by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. Land use, building and other special restrictions set forth in the Redevelopment Plan, as amended; 3. All easements of record; 34. A Historic Preservation and Façade Easement Agreement to be executed by Redeveloper at closing. [IF APPLICABLE] 5. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2); 6. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties; and 7. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § §70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 5. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b).

Form of Deed. City shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer by Quit Claim Deed and Restrictive Covenants (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosurenon‐disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Performance and use obligations in this Agreement; 2. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 23. All easements of record; 34. A restriction that the Property must be taxable for property-tax property‐tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax property‐tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 5. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right‐of‐way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 7. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 78. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b). 9. Other deed restriction:

Form of Deed. City Agency shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer Redeveloper by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. Land use, building and other special restrictions set forth in the Redevelopment Plan, as amended; 3. All easements of record; 34. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 45. A restriction requiring that the Property cannot be used for school purposes. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by MPS. 6. Possible public access easement for the Bronzeville Pedestrian Plaza. 7. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- of-way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 58. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 69. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of Restrictions set forth by the Wisconsin Department of Natural Resources (“WDNR”) on its Geographic Information System (“GIS”) pursuant to Section 6(b).

Form of Deed. City Agency shall, at Closing and upon submission of the Purchase Price, convey the Property to Buyer Redeveloper by Quit Claim Deed (“Deed”) in an “as is, where is” condition with all faults and defects, known or unknown, physical or otherwise, including but not limited to environmental or geotechnical defects, whether disclosed or not disclosed, known or not known, and without representation or warranty, express or implied. Such provisions shall bar all tort, warranty, and misrepresentation claims, including any action based on non-disclosure. The conveyance and title shall, in addition to the provisions of Section 15 of this Agreement and all other conditions, covenants and restrictions set forth or referred to elsewhere in this Agreement, be subject to: 1. Applicable statutes, orders, rules and regulations of the Federal Government and State of Wisconsin, and laws and ordinances of the City of Milwaukee, including zoning, building and land subdivision laws and regulations; 2. All easements of record; 3. A restriction that the Property must be taxable for property-tax purposes. The restriction shall require that no owner or occupant of the Property shall apply for, or seek, or accept, property-tax exemption (whether under Wis. Stat. § 70.11 or otherwise) for the Property, or any part thereof. This restriction shall be a permanent covenant that runs with the land, and may only be released by resolution passed by the City’s Common Council. 4. Any recorded or unrecorded rights or interests of any person, entity or utility in any vacated alley, street, or public right-of- way at the Property including rights and interest of persons under Wis. Stat. § 66.1005(2). 5. Matters that would be revealed by an ALTA survey including, but not limited to, encroachments from the Property to a public right of way or adjacent property or encroachments on the Property from adjacent properties. 6. If applicable: A restriction joining the individual lots of the Property (if Property is composed of multiple lots) so as to create a single parcel for assessment purposes and that cannot be divided without the prior approval of the Common Council. Buyer may be required to obtain a Certified Survey Map to join lots as a condition of a building permit. 7. If applicable: Possible registry of the Property on a Geographic Information System (“GIS”) Registry of the Wisconsin Department of Natural Resources (“WDNR”) pursuant to Section 6(b).