Res13 15289 - Laserfiche WebLink

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� �., m.�� . . ..._. _ 3.3.12 City's Material Obli a�t�ions. The City performs all of its material obligations required to be perforrned by the City under this Agreement prior to the Close of Escrow; 3.3.13 License Agreement for Winslow Lot. The parties have executed and deposited into Escrow the License Agreement for Winslow Lot in substantially the form attached hereto as Exhibit J; and 3.3.14 Environmental Holdback Agreement. The parties have executed and deposited into Escrow the Environmental Holdback Agreement in substantially the form attached hereto as Exhibit K. 3.4 City's Conditions to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by the City, the City's obligation to sell the City Property to the Developer on or before the Escrow Closing Date shall be subject to the satisfaction or waiver of each of the following conditions precedent, each of which can only be waived in writing by the City: 3.4.1 Escrow Deposit. The Developer deposited the Escrow Deposit into Escrow,pursuant to Section 2.2.1; 3.4.2 Title. The Developer agrees to accept the title to and conveyance of the City Property, pursuant to Section 2.3; 3.4.3 Due Diligence. The Developer delivers its Due Diligence Completion Notice to both the City and the Escrow Agent indicating the Developer's unconditional acceptance of the City Property,prior to the expiration of the Due Diligence Period; 3.4.4 Approvals. Approval and issuance of all final discretionary Approvals required from any Govemment Agency to construct, install or operate the Project on the Site, and the grading permit, in each case on terms and conditions reasonably acceptable to the Developer (provided however that Developer understands that City will not issue a grading permit between November 18 and 28, 2013, inclusive, and December 15 and 25, 2013, inclusive), and all appeal periods have expired, and the Developer shall have submitted all ' requisite materials to obtain a building permit for the Project and City is prepared to issue building permits subject only to payment of applicable fees by Developer; 3.4.5 CEOA Documents. Final adoption, approval or certification of the CEQA Documents, if any, and all appeal periods have expired; 3.4.6 Evidence of Financin�. Approval of Developer's Equity Investment and Loan, and evidence that a Mortgage securing repayment of the Senior Loan, if applicable, has been recorded or is in a position to record against the Site at the Close of Escrow; 3.4.7 Construction Contract. The Developer delivers a fully executed Construction Contract to the City and the City has approved such Construction Contract, pursuant to Section 2.6; 23 2013.118/BLOCK 2 HUNTER STORM REV:07-2&13 PT