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at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 During construction of the improvements to 58th Avenue/37th Street the County will perform the following: (a) Drainage. The County will reestablish the swale drainage system to ensure that the offsite drainage, drainage from the property and the backside of the roadway will drain south and not affect the property owner. (b) Sprinkler System. As part of the Purchase Agreement the County will move the sprinklers to the new right-of-way line in the location requested by the property owner. (c) Sod. As part of the Purchase Agreement the County will replace the current sod with Saint Augustine sod based on the property owner's request. (d) Culvert. The culvert will be replaced and a new driveway apron will be installed from the edge of the pavement orsidewalk to the new right-of-way line. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record 1)