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requirements set forth in Article X, and shall have provided to City copies of payment bonds and <br />performance bonds pursuant to Section 5.18. <br />(1) Mechanics' Liens. Developer's delivery to City of evidence reasonably <br />satisfactory to City that there are no mechanics' liens or stop notices related to the Property or the <br />Project, and Developer's provision to City of full waivers or releases of lien clams if required by <br />City. <br />(m) Other Documents. Developer's delivery to City, and City approval of such <br />other documents related to the development and financing of the Project as City may reasonably <br />request. <br />3.8 Developer's Conditions to Closing, Developer's obligation to proceed with the <br />acquisition of the Property is subject to the satisfaction or Developer's waiver of the following <br />conditions: <br />(a) No Default. City shall not be in default under the terms of this Agreement, <br />and all representations and warranties of City contained herein shall be true and correct in all <br />material respects; <br />(b) Execution of Documents. City shall have executed and acknowledged the <br />Grant Deed, the Quit Claim (if applicable), the Memorandum, the Regulatory Agreement, and all <br />other City Documents to which the City is a party, and shall have delivered such documents into <br />escrow; <br />(c) Resolution of Title Issues. City shall have completed a land exchange and if <br />necessary, a lot -line adjustment that will enable the City to convey Fee Parcel A2 to Developer, <br />and shall have resolved any unresolved title issues, including, but not limited to, any ownership <br />issues relating to the Tideline Parcel, so that City can convey the Property in fee simple to <br />Developer. Developer acknowledges that City may convey the Tideline Parcel by quit claim, or <br />may pursue another to -be -determined course of action acceptable to the Title Company to resolve <br />the ownership of the Tideline Parcel. <br />(d) Owner's Title Policy. The Title Company shall, upon payment of the <br />premium therefor, be ready to issue an Owner's Title Insurance Policy for the benefit and <br />protection of Developer ("Owner's Title Policy") showing title to the Property vested in <br />Developer, subject only to Developer's Permitted Exceptions and containing such endorsements as <br />Developer may reasonably require, with the cost of such Owner's Title Policy to be paid by <br />Developer. <br />A7Y/AGR/2017.218/RWC — BRADFORD — DDA <br />REV: 09-18-17 VR <br />ARTICLE IV [Reserved.] <br />Page 13 of 94 <br />