Laserfiche WebLink
approval by the City" shall mean any and all applicable approvals of such <br /> Downtown Planned Community Permit and Tentative Parcel Map by the <br /> Planning Commission and City Council of the City; <br /> 5. The City has completed any environmental review under the California <br /> Environmental Quality Act (Pub. Resources Code §21000 et seq.) <br /> ("CEQA") that may be required for the Project Approvals ("Project CEQA <br /> Review"); <br /> 6. The City has deposited (or caused to be deposited) into Escrow (i) the <br /> Easement and Parking Agreement granting an easement in the Public <br /> Access Parcels to the Developer; and (ii) a quitclaim deed conveying the <br /> City's interest in the Sliver Parcel to the Developer; <br /> 7. The parties have executed and deposited into Escrow the (i) Easement and <br /> Parking Agreement, and (ii) Memorandum of DDA; <br /> 8. The City shall have deposited with the Escrow Agent all documents and <br /> funds required of it hereunder to close Escrow for conveyance of the <br /> Public Access Parcels and Sliver Parcel to the Developer. <br /> (b) City's Conditions to Close of Escrow. <br /> Notwithstanding any provision herein to the contrary, the obligation of the City to <br /> grant the easements in the Public Access Parcels and convey its interest in the Sliver Parcel <br /> under this Agreement shall be subject to the satisfaction at or before the Close of Escrow of all of <br /> the following conditions precedent, any or all of which may be waived by the City in its sole <br /> discretion: <br /> 1. The Developer has been granted the Project Approvals by the City; <br /> 2. Vacation proceedings for the Sliver Parcel have been completed in <br /> accordance with law; <br /> 3. The City has completed the Project CEQA Review (and notwithstanding <br /> any provision herein to the contrary, this condition precedent may not be <br /> waived by the City); <br /> 4. The City has approved Developer's Loan Documents; <br /> 5. The Developer has delivered the Insurance Documents and the City has <br /> approved all such evidence of insurance, all pursuant to Article 5; <br /> 6. The Developer delivers a fully-executed Construction Contract and the <br /> City has approved such Construction Contract; <br /> 7. The parties have executed and deposited into Escrow the Easement and <br /> Parking Agreement; <br /> ATTY/AGR/2015.146/HAMILTON-WINSLOW DDA <br /> REV:08-18-15 VR <br /> Page 10 of 40 <br /> 82483.000 l9\9644366.16 <br />