AgdaPkt 2002-12-09 - Laserfiche WebLink

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� q.�- � i9 _ all time periods for appeal or legal statutes of limitation for challenging the same shall have expired, on terms and conditions approved by Developer, or, if such a challenge has bcen filed, a resolution of such challenge satisfacwry to the Developer shall have occumd: �-- 3. The Agency shall have relceated all occupants of the Agency and Acquisition Parcels in accordance with all legal requirements. 4. Developer shall have obtained the commitment trom the Title Company to issue the ritle policy described ia Secrion 312 above; together with sich endorsements and co- insurance or reinsurance as may be roquired by Developer or its lenders, in an amount equal to the total cost of the Acquisition Parceis and the Agency Parcel. 5. Developer shall have obtained from its lender or other financial sources Srm commitments for financing or other evidence of sufficient funding to conshuct the Proj ect and all infrastructure improvements therefor in an amount and on terms and condidons acceptable to Developer in Developez's sole and absolute discretion. 6. Developer shall have obtained all necessary permits and approvals from govemmental agencies having jurisdiction over the Project necessary to cons�uct the Project, including, without limitstion, adequate sewer and water for the Project, or shall have obtained evidence satisfactory to the Agency and Developer of Developer's ability to obtain such permits and approvals. - 7. All rights of way related to the Project shall have been abandoned by the City where such is contemplated by tiris Agreement. 8. The Agency and the City shall have timely tendered conveyance of title or possession of the Agency and Acquisirion Pazcels on the terms and conditions set forth in Uus Agreement. 9. Developer shall have conducted its Site Feasibility Assessment and appmved the condition of the Project Site, in its sole and absolute discretion, including, without limitation, any conditions which may be present thereon, as provided in Section 302. 10. Developer shall have approved the budgets for all costs for which Developer is responsible under this Agreement. 11. There shall be no action pending which, if adversely decided, would cause this Agreement, the Project Approvals, or any other Agency or City appmvals for the Project to be illegal, unenforceable or invalid. 12. The Agency shall not be in Default under this Agreement and no event shall have occurred and no condirion shall exist which, with the giving of norice or the passage of time, or both, would become a Default by the Agency hereunder. 13. City and Developer shall each have executed and delivered counterparts of the - Pazking Facilities Agteement as provided in Section 518. 17 DOCSSFL648942.4 9975-5 C l4 120502