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City Draft <br /> 6/28/13 <br /> 3.3.4 Consistency Finding. The Planning Cornmission of the City has <br /> determined fhat the disposition of the City Property to the Developer pursuant to this Agreement <br /> is consistent with the City's General Plan, in accordance with Government Code Section 65402; <br /> 3.3.5 Anvrovals. Approval and issuauce of all final discretionary Approvals <br /> required from any Government Agency to construct, install or operate the Project on the Site, <br /> and the grading pernut, in each case on terms and condi�ions reasonably acceptable to the <br /> Developer and aT1 appeal periods have expired {provicl.ed bowever that Developer understands <br /> that City will not issue a grading pezmit between Novernber 15, 2013 and January 1, 2014), and <br /> the Developer shall have submitted all requisite materials to obtain a building pernut far the <br /> Project and City is prepared to issue building permits subject only to payment of applicable fees <br /> by Developer; <br /> 3.3.fi C_EQA Documents. Final adop�ion, approval or certification of the <br /> CEQA Documents, if ar�,y and all appeal periods have expired; <br /> 3.3.7 Cit Escraw De osits. The City deposits all of the items into the <br /> Escrow required by Section 3.6; <br /> 3.3.8 SettlementJClosin Statement. The Developex approves the Escrow <br /> Agent's finaI estimated closing/settlern�ent statement; <br /> 3.3.9 Culvert Re�ocation. The City has completed the relocation of the <br /> culvert off of the City Property; <br /> 3.3.10 City Parcel Map. The City has approved and recorded the Final Parcel <br /> Map for the City Property in substantial and material conformance with Exhibit A. <br /> 3.3.11 Parking Covenant and Agreement. T11e parties have executed and <br /> deposited into Escrow the Parking Covenant and Agreernent in substantially the form attached <br /> hereto as E�ibit I, <br /> 3.3.12 Citv's Material Obli�ations. The City performs all of its material <br /> obligations required to be performed by the City under this Agreement prior to the Clase of <br /> Escrow; <br /> 3.3.13 License A eement for WinsZow Lat. The parties have executed and <br /> deposited into Escrow the License Agreement for Winslow Lot in substantially th� form attached <br /> hereto as Exhibit J; and <br /> 3.3.14 Environmental Holdback A�reement. The parties have executed and <br /> deposited into Escrow the Environmental Holdback Agreement in substantially the farm attached <br /> hereto as Exhibit K. <br /> 3.4 City's Conditions to CZose of Escrow. Provided that the failure of any such <br /> conditzon to be satisfied is not due to a Defautt under this Agreement by the City, the City's <br /> obligation ta sell the City Property to the Developer on ar before the Escrow Closing Date shall <br /> 82483.0000917571312.10 22 <br />