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Execution Draft <br /> <br /> Eugene City Council and conveyance of title to the Property shall be the only item to be <br /> completed to make the amendments effective; and <br /> <br /> 6.2. CLEAR TITLE. All Items to be Cleared from the Property's title shall have been <br /> removed, as described in Section 5. <br /> <br /> 6.3 ENVIRONMENTAL CONDITIONS. Any Adverse Environmental Conditions in or <br /> affecting the Property shall have been satisfied as provided in Subsection 5.2. <br /> <br />7. SPECIAL COVENANTS AND AGREEMENTS OF FOUNDATION CONCERNING DEVELOPMENT OF <br />PROPERTY. <br /> <br /> Foundation covenants that it will do all of the following. Foundation's covenants under this <br />section shall run with the land and shall be binding on any purchaser, assignee, heir or successor in <br />interest or title to the Property. <br /> <br /> 7.1. Immediately upon execution of this Agreement, Foundation shall apply for and <br /> pursue a Metro Plan Amendment to remove the entire 100-acre Property from the City's <br /> urban growth boundary. <br /> <br /> 7.2. Immediately upon execution of this Agreement, Foundation shall cause a legal survey <br /> of the Property to be completed and City shall pay one-half of the cost of the survey. <br /> <br /> 7.3. Pending closing of the Property sale, Foundation will not permit the cutting or <br /> removal of timber, or any earth moving, excavation or other disturbance of the present <br /> natural condition of the Property, except with prior consent of the City, which consent may <br /> be withheld within City's sole discretion. <br /> <br />8. POSSESSION. <br /> <br /> City shall be entitled to possession at the completion of all activities in the Closing. <br /> <br />9. CONDITION OF PROPERTY AT CLOSING. <br /> <br /> 9.1 OIL TANKS. Foundation's statement conceming the status of underground heating oil <br /> tanks on the Property is contained in Exhibit B attached to this Agreement. With the <br /> exception of the information set forth in Exhibit B, Foundation shall not be deemed to make <br /> any warranty or representation to City concerning the presence or absence of underground <br /> tanks, asbestos, or any other environmental condition on, under, adjacent to or otherwise <br /> affecting the Property. <br /> <br /> 9.2 PERSONAL PROPERTY. The Property shall be vacant land with no structures or <br /> personal property located on it. <br /> <br />PAGE 4 - PURCHASE AND SALE AGREEMENT - 100 ACRES IN LAUREL HILL VALLEY <br /> <br /> <br />