6.B.(5) Real Estate Purcahse and Site Work Agreement

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will agree on the additional amount and price for the additional crushed stone. The Public Entities will reimburse the Company for this expense after the additional crushed stone is delivered to the Site. (C) At no cost to the Company, the Public Entity will snake available to the Company a parcel or parcels of real estate adjacent to the west side of the Oliver Park Site to allow the Company to secure sufficient clean sand fill as required to level the Oliver Park Site. "the Public Entity at its sole discretion will choose the adjacent lot or lots to be used. The Company will excavate the sand from the adjacent lot(s) and transport it to the Oliver Park Site. if the Public Entity determines that some or all of the required clean sand fill will come from locations which are not adjacent to the Oliver Park Site, the Public Entity will transport the sand from the non-adjacent lot(s) to the Oliver Park Site. (D) The Company shall have the right to place the top soil and/or other unusable material including, but not limited to, rocks, bricks, cement blocks and other scrap construction materials which is scraped ofi' the Oliver Park Site during the construction process on one of the adjacent lots owned by the City, the specific lot to be designated by the City. 9. Taxes. (a) Prairie Avenue Site. Real property taxes related to the Prairie Avenue Sitc for the 2009-pay-2010 tax year shall be prorated as of the Closing date based upon the latest official tax rates and credits and known assessed value of the Prairie Avenue Site. The Company's portion of such proration, as well as any and all unpaid taxes and assessments related to prior years, shall be paid prior to or credited to Public Entities (against the Cash Payment) at Closing. (b) Oliver Park Site. Real property taxes, if any, related to the Oliver Park Site for the 2009-pay-2010 tax year shall be prorated as of the Closing date based upon the latest official tax rates and credits and known assessed value of the Oliver Park Site. The Public Entities' portion of such proration, as well as any and all unpaid taxes and assessments related to prior years on the Oliver Park Site, shall be paid prior to or at Closing by Public Entities. 10. Closing Deliveries. (a) By Company. At or before Closing and as a condition to Public Entities' obligation to close hereunder, Company shall at its expense deliver (or cause to he delivered) to Public Entities each of the following items: (a} a Special Wan•anty Deed in the form attached hereto as Exhibit B (herein referred to as the "Deed"); (b) the Lease Termination, (c) the UPV Lease, (d) the License Agreement, (e) an affidavit regarding mechanic's and materialman's liens and other matters, including releases of mortgages and security interests as the Title Company may reasonably require in connection wit17 the issuance of an Owner's Policy of Title Insurance based on the Prairie "Title Commitment, and (f) a closing statement. KF.AL F,STATE PURCHASE AND SITE WORK AGREEMENT 1'nGG 8