Agmt20 HCP, Met Life, SCOA - Laserfiche WebLink

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(e) any of the following matters affecting the Levee Assets and which were recorded prior to the Effective Date of the Master Agreement: conditions, covenants, and restrictions which do not conflict with the Master Agreement ("CC&Rs"); public or non- exclusive private utility easements; right-of-way easements which do not conflict with the Levee Improvements; dedications or grants of public rights; assessment and redevelopment districts; notices of assessment; BCDC Permits and Restrictions but subject to the requirements of Master Agreement Section 7 pursuant to which Seller and its successors and assigns retain responsibility for complying with, or fully reimbursing City for all costs of complying with, the requirements of such BCDC Permits and Restrictions with respect to the Property (as defined in the Master Agreement), which for avoidance of doubt does not include the City Property (as defined in the Master Agreement); standard "tideland" exceptions; standard public -rights exceptions;; and Exceptions for other non -monetary liens or encumbrances that do not materially adversely affect the City's ownership, operation or maintenance of the Levee Assets. Each Seller shall have the right to enter into instruments necessary for construction financing; provided any lender or mortgagee providing such Seller financing shall subordinate the lien of its mortgage, deed of trust or other financing instrument to the Levee Related Easements to be granted to City and no such mortgage or deed of trust shall encumber any portion of the Levee Assets. Each Seller shall also have the right to enter into (i) licenses, temporary construction easements and encroachment permits with or from the City; and (ii) easements or licenses granted to City or public utilities as necessary and appropriate to relocate utilities in connection with construction of the Levee Improvements. ARTICLE IV REVIEW OF THE LEVEE ASSETS Section 4.1 Delivery of Documents. Prior to Closing, and as an express condition precedent to the City's obligation to purchase the Levee Assets pursuant to this Agreement, SCOA shall prepare at SCOA's expense and deliver to City for City's review the following documents and materials (collectively, "Documents and Materials"): (a) All currently -effective warranties and licenses with respect to the Levee Improvements; (b) All architectural and engineering plans and drawings, including as - built drawings for the Levee Improvements. These as -built drawings will be provided in clearly marked hard copy and electronic native AutoCAD, or similar, formats, will be certified as being "as -built" and will reflect the work as actually constructed, with any and all changes incorporated therein; (c) A legal description of, and an ALTA survey showing the "as -built" location of, the Levee Improvements and all City easements as required by Title Company for issuance of the Owner's Policy of Title Insurance; and OAK #4819-4834-1908 v20 Exhibit C Page 5