Res13 15289 - Laserfiche WebLink

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;. .,�a 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 Developer: 3.3.1 Title. The Developer agrees to accept the title to and conveyance of the City Property,pursuant to Section 2.3; 3.3.2 Due Dili�e�nce. The Developer delivers its Due Diligence Completion Notice to both the City and the Escrow Agent indicating the Developer's unconditional acceptance of the condition of the City Property, prior to the expiration of the Due Diligence Period; 3.3.3 Title Policv. The Title Company is, upon payment of the Title Company's standard premium for such an insurance policy, plus any supplements or endorsements requested by Developer pursuant to Section 3.9 of this Agreement, irrevocably and , unconditionally committed to issue the Title Policy to the Developer, at the Close of Escrow; 3.3.4 Consistency Finding. The Planning Commission of the City has determined that the disposition of the City Property to the Developer pursuant to this Agreement is consistent with the City's General Plan, in accordance with Government Code Section 65402; 3.3.5 Approvals. Approval and issuance of all final discretionazy Approvals required from any Government 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 and all appeal periods have expired (provided however that Developer understands ' that City will not issue a grading permit between November 18 and 28, 2013, inclusive, and between December 15 and 25, 2013, inclusive), 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; 3.3.6 CEOA Documents. Final adoption, approval or certif'ication of the CEQA Documents, if any and all appeal periods have expired; 3.3.7 Citv Escrow Deposits. The City deposits all of the items into the Escrow required by Section 3.6; 3.3.8 SettlemendClosin�Statement. The Developer approves the Escrow Agent's final estimated closing/settlement statement; 3.3.9 Culvert Relocation. The City has completed the relocation of the culvert off of the City Property; 3.3.10 City Pazcel Map. The City has approved and recorded the Final Parcel Map for the City Property in substantial and material conformance with Exhibit A; 3.3.11 Parkin Covenant and A eement. The parties have executed and deposited into Escrow the Parking Covenant and Agreement in substantially the form attached hereto as Exhibit I; 22 2013.118/BLOCK 2 NUNTER STORM REV:07-2&13 P7