Laserfiche WebLink
The liability of the Escrow Agent under this Agreement is limited to performance <br /> of the obligations imposed upon it under Sections 202 to 208, both inclusive, of this Agreement <br /> Neither the City nor the Developer shall be liable for any real estate commissions <br /> or brokerage fees that may arise herefrom. The City and the Developer each represent that <br /> neither has engaged any broker, agent or finder in connection with this transaction. <br /> 203. Conditions Precedent to Close of Escrow and Conve ance of the Ci <br /> Property to Developer <br /> 203.1 Developer's Conditions to Close of Escrow <br /> Notwithstanding any provision herein to the contrary, the obligation of the <br /> Developer to consummate the purchase of the City Property under this Agreement shall be <br /> subject to the satisfaction at or before the Close of Escrow of all of the following conditions <br /> precedent, any or all of which may be waived by the Developer in its sole discretion: <br /> a. The City shall have submitted to the Developer a Preliminary Title Report <br /> for the City Property, and the Developer shall have approved the <br /> conditions of title pursuant to Section 205; <br /> b. The Developer shall have completed its investigation of the City Property, <br /> and agreed to accept conveyance of the City Property in its "As Is" <br /> condition as set forth in Section 211; <br /> c. The Title Company is, upon payment for such policy plus any supplement <br /> or endorsements requested, irrevocably and unconditionally committed to <br /> issue the Title Policy to the Developer, at the Close of Escrow; <br /> d. The Developer has received final approval by the City of Developer's <br /> application for a Downtown Planned Community Permit and Vesting <br /> Tentative Parcel Map for the Project (the "Project Approvals"). As used <br /> herein, "final approval by the City" shall mean any and all applicable <br /> approvals of such Downtown Planned Community Permit and Vesting <br /> Tentative Parcel Map by the Planning Commission and City Council of <br /> the City; <br /> e.. The City has completed any environmental review under the California <br /> Environmental Quality Act (Pub. Resources Code §21000 at seq.) <br /> ("CEQA") that may be required for the Project Approvals ("Project CEQA <br /> Review") (arid, notwithstanding any provision herein to the contrary, this <br /> condition precedent may not be waived by the Developer); <br /> f. The City has deposited (or caused to be deposited) into Escrow a <br /> recordable quitclaim or other release, executed by SamTrans and the <br /> Authority quitclaiming and releasing any and all of their respective rights, <br /> title and interest in and to the City Property under the Grade Separation <br /> Agreement (the"SamTrans Quitclaim"); <br /> ATTY/AGR/2014..197/RDW GREYSTAR POA <br /> REV:10-01-14 PT&VR <br /> 81183 00017191 027-15 u 8 <br />