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RecD05 2005-141296
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RecD05 2005-141296
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Last modified
8/8/2007 5:28:12 PM
Creation date
2/22/2006 10:24:59 AM
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Template:
Recorded Docs
Recorded Docs - Type
Agreement
Subject
amended & restated isposition & development agreem
Doc Num
2005-141296
Rec Date
8/17/2005
Parties
First Community Housing
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<br />domain action, <br />actions. <br /> <br />if the Agency should determine to bring any such <br /> <br />Section 2.07. <br /> <br />Conditions for Close of Escrow. <br /> <br />a. The Close of Escrow, and the Agency's obligation to <br />convey the Property to the Developer, are expressly conditioned <br />upon satisfaction of or waiver by the Agency of each of the <br />following: <br /> <br />1. The Developer shall have executed and deposited <br />with Escrow for recording simultaneously with the Close of Escrow, <br />the Declaration of Affordability Covenants as set forth in Section <br />4.05. <br /> <br />2. The Developer shall have executed and deposited <br />with Escrow for recording simultaneously with the Close of Escrow <br />the Deed of Trust as set forth in Section 2.02(b). <br /> <br />3. The Developer shall have received final <br />approval of any required general or special plan amendment, changes <br />in zoning, variances, special use permits, site plan approvals, <br />environmental approvals, or other approvals under applicable law <br />as are required for the Developer's intended use of the Property as <br />described in this Agreement (the "Intended Use"). For the purposes <br />of this Agreement, "final approval" shall mean approval by the <br />applicable governmental agency authorized to grant such approval <br />and expiration of any and all appeal or challenge periods with <br />respect to any such approval without any appeal being taken or <br />judicial challenge to such approval being filed or threatened, such <br />approval being subject to such conditions as are reasonably <br />acceptable to the Developer. <br /> <br />4. <br /> <br />The Agency must have approved the Preliminary <br /> <br />Title Report. <br /> <br />b. The Developer's obligation to purchase the Property <br />from the Agency and the Close of Escrow shall be expressly <br />conditioned upon satisfaction of or waiver by the Developer of each <br />of the following: <br /> <br />1. The Developer shall have received final <br />approval of any required general or special plan amendment, changes <br />in zoning, variances, special use permits, site plan approvals, <br />environmental approvals or other approvals under applicable law as <br />are required for the Intended Use. <br /> <br />11 <br /> <br />REDW\OO06\DOC\001-7 <br />3/29/05 3:15 /rove <br />
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