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all time periods for appeal or legal statutes of limitation for challenging the same shall have <br />expired, on terms and conditions approved by Developer, or, if such a challenge has been filed, a <br />resolution of such challenge satisfactory to the Developer shall have occurred. <br /> <br /> 3. The Agency shall have relocated all occupants of the Agency and Acquisition <br />Parcels in accordance with all legal requirements. <br /> <br /> 4. Developer shall have obtained the commitment from the Title Company to issue <br />the title policy described in Section 312 above, together with such endorsements and co- <br />insurance or reinsurance as may be required by Developer or its lenders, in an amount equal to <br />the total cost of the Acquisition Parcels and the Agency Parcel. <br /> <br /> 5. Developer shall have obtained from its lender or other financial sources firm <br />commitments for financing or other evidence of sufficient funding to construct the Project and all <br />infrastructure improvements therefor in an amount and on terms and conditions acceptable to <br />Developer in Developer's sole and absolute discretion. <br /> <br /> 6. Developer shall have obtained all necessary permits and approvals from <br />governmental agencies having jurisdiction over the Project necessary to construct the Project, <br />including, without limitation, adequate sewer and water for the Project, or shall have obtained <br />evidence satisfactory to the Agency and Developer of Developer's ability to obtain such permits <br />and approvals. <br /> <br /> 7. All rights of way related to the Project shall have been abandoned by the City <br />where such is contemplated by this Agreement. <br /> <br /> 8. The Agency and the City shall have timely tendered conveyance of title or <br />possession of the Agency and Acquisition Parcels on the terms and conditions set forth in this <br />Agreement. <br /> <br /> 9. Developer shall have conducted its Site Feasibility Assessment and approved the <br />condition of the Project Site, in its sole and absolute discretion, including, without limitation, any <br />conditions which may be present thereon, as provided in Section 302. <br /> <br /> 10. Developer shall have approved the budgets for all costs for which Developer is <br />responsible under this Agreement. <br /> <br /> 11. There shall be no action pending which, if adversely decided, would cause this <br />Agreement, the Project Approvals, or any other Agency or City approvals for the Project to be <br />illegal, unenforceable or invalid. <br /> <br /> 12. The Agency shall not be in Default under this Agreement and no event shall have <br />occurred and no condition shall exist which, with the giving of notice or the passage of time, or <br />both, would become a Default by the Agency hereunder. <br /> <br /> 13. City and Developer shall each have executed and delivered counterparts of the <br />Parking Facilities Agreement as provided in Section 518. <br /> <br /> 17 <br />DOCSSF1:648942.4 <br />9975-5 C14 <br />120502 <br /> <br /> <br />