Laserfiche WebLink
(a) No Default. City shall not be in default under the terms of this <br />Agreement, and all representations and warranties of City contained herein shall be true and <br />correct in all material respects. <br />(b) Representations. All representations and warranties of City contained <br />herein shall be true and correct in all material respects. <br />(c) No Litigation. There shall be no litigation pending with respect to this <br />Agreement or any City approval related to the Project, the outcome of which could materially <br />interfere with the development of the Property as set forth herein. <br />(d) Execution of Documents. City shall have executed and acknowledged the <br />Grant Deed, the Memorandum, the Regulatory Agreement, and any other documents required <br />hereunder, and shall have delivered such documents into escrow. <br />(e) Owner's Title Policy. The Title Company shall, upon payment of the <br />premium therefor, be irrevocably committed to issue an Owner's Title Insurance Policy for the <br />benefit and protection of Developer ( "Owner's Title Policy ") showing title to the Property <br />vested in Developer, subject only to Permitted Exceptions. <br />(f) Approvals. This Agreement shall have been approved by the Oversight <br />Board and any other public agency whose approval is required. <br />(g) Design Review. City shall have reviewed and approved the Site <br />Development Plan and Project design. <br />(h) Construction Plans, Budget and Schedule. City shall have approved the <br />Construction Plans and specifications for development of the Project pursuant to Article IV, and <br />City shall have approved the construction schedule for the Project. <br />(i) Permits and Approvals, Cooperation. Developer shall have obtained all <br />entitlements, permits, licenses and approvals required for the development of the Project on the <br />Property, including without limitation, building permits, grading permits and use permits, subject <br />only to such conditions as Developer has reasonably approved. <br />0) No Contracts or Occupancy Rights. City shall have terminated any <br />contracts, leases or other rights of use or occupancy affecting the Property, effective as of the <br />Closing Date. <br />ARTICLE IV <br />DEVELOPMENT OF THE PROPERTY <br />4.1 Development of the Project. Developer shall develop a retail project (the <br />"Project ") on the Property in accordance with the terms and conditions of this Agreement and <br />1875524.3 11 <br />