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7. All fights 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, City-Transfer and Acquisition Parcels on the terms and conditions set <br /> forth in this 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, <br /> any conditions which may be present thereon, as provided in Section 302, and notified the <br /> Agency of its Election to Fund. <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 />Design Build Agreement as provided in Section 518. <br /> <br /> 14. City and Developer shall each have executed and delivered counterparts of the <br />Parking Rights Agreement as provided in Section 518. <br /> <br /> 15. City and Developer shall each have executed and delivered counterparts of the <br />Maintenance Agreement as provided in Section 519. <br /> <br /> §403 l/raato c a <br /> <br /> Developer shall pay in Escrow or deliver to the Escrow Agent the following fees, <br />charges, costs and documents related to the Acquisition Parcels, the Agency Parcel and the City- <br />Transfer Parcel promptly after the Escrow Agent has notified Developer of the amount of such <br />fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for the close <br />of Escrow: <br /> <br /> A. The escrow fee; <br /> <br /> B. The premium for the title insurance policy as set forth in Section 312 of this <br />Agreement; <br /> <br /> C. Recording fees; <br /> <br /> D. Notary fees; <br /> <br /> E. Ad valorem taxes and assessments and possessory interest taxes, if any, upon the <br />Acquisition Parcels, to the extent Developer is responsible for the payment thereof in accordance <br />with the provisions of Section 510; and <br /> <br /> F. Any transfer tax applicable to any of the subject conveyances. <br /> <br /> 19 <br />DOCSSFl:495065.9 <br />9975-5 IXT~N <br /> <br /> <br />