I-4 - Resolution 2022-070 - A Resolution to Authorize the Mayor and City Clerk to Sign the Real Estate

14. TILES AND FENCES. Buyer agrees that any agricultural drain tiles or outlets that are located within the premises and are damaged, destroyed or require relocation shall be repaired, relocated, replaced or restored by Buyer at no expense to Seller. Where Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control purposes only at no expense to Seller. Buyer shall have the right of temporary easement as necessary upon Seller's remaining property for the specific purpose of effecting such repair, relocation, replacement or restoration and constructing and maintaining said fence. Seller may pasture against said fence at its own risk. Buyer will not be liable for fencing private property or maintaining the same to restrain livestock. 15. JOINT TENANTS. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller. 16. ENTIRE AGREEMENT. This written Agreement constitutes the entire Agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. 17. HAZARDOUS SUBSTANCE. Seller states and warrants that, to the best of Seller’s knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance, nor underground storage tank on the premises described on Exhibit A. 18. RENEGOTIATION. Buyer hereby gives notice of Seller’s five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this Agreement as required under Section 6B.52 of the Code of Iowa. 19. ENTRANCE. Buyer agrees to construct an entrance at Station _N/A_____. 20. CROPS. All _N/A_ growing crops, if any, are reserved to Seller if removed by _N/A_. Any crops not removed by _N/A_ shall become the property of the Buyer. 21. TREES. Buyer may remove trees as needed for the public improvement project, but will replace as many nice trees as possible that will not interfere with the permanent easement. 22. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine, or neuter gender, according to the context. 23. RELEASE. The Seller agrees that payment in full as shown on page 3 of this Agreement shall indemnify, release, acquit, hold harmless and forever discharge the City of Tiffin, Iowa, its officers, employees, agents and all other persons acting on its behalf, including any and all contractors, from all liability, including any and all claims, and demands to the above-referenced project affecting the Seller, which the Seller may have or claim to have by reason of such project.