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• <br />• <br />ARTICLE II <br />TERMS <br />2.01. In consideration of the terms of this Agreement herein contained, City agrees to sell and <br />convey to Sysco a portion of Sysco Outlot A consisting of approximately 3 acres. In <br />consideration for that conveyance, Sysco agrees to (a) remove reverter clause for the Triangle <br />Parcel; (b) convey Easement Number One to City; and (c) consideration of the conveyance of <br />Easement Number Two to City. <br />2.02. This Agreement is contingent upon the approval of the City's city council within thirty <br />(30) day of the date of this Agreement. If the City's city council does not approve this <br />Agreement within thirty (30) days of submission; this Agreement shall be deemed automatically <br />null and void and of no further force or effect and each of the parties shall immediately execute a <br />written acknowledgement that this Agreement has been terminated in its entirety. This <br />Agreement is contingent upon Sysco obtaining the subdivision approval as provided in 1.03 of <br />this Agreement. <br />2.03. Sysco agrees to obtain a legal description for the Sysco Division. City agrees to obtain a <br />legal description for the Easements depicted on the attached Exhibit D a<~d Exhibit E for <br />Easement Number One and Easement Number Two defined in this Agreement at Sections 1.05 <br />and 1.46, respectively. <br />ARTICLE ffi <br />DOCITMENTS TO BE DELIVERED AT CLOSING <br />3.01. At Closing, City will deliver to Sysco: <br />A. A quit claim deed from the City to Sysco for the Sysco Division property free and <br />clear of all liens and encumbrances except the following items (allowable <br />encumbrances): <br />1. Building and zoning laws, ordinances state and federal statutes or other <br />governmental regulations; <br />2. Real estate taxes and special assessments for which the City is <br />responsible; <br />3. Easements and restrictions of record which do not interfere with the <br />present use of the real property; and <br />4. Reservation of minerals or mineral rights in the State of Minnesota. <br />B. Standard form Affidavit of Seller. <br />C, Such other documents as may be reasonably required by Cit)~'s title examiner or <br />title insurance company. <br />3.02. At Closing, Sysco will deliver to the City: <br />NKE-26A5~9s~4 <br />MU20>-35 <br />