5.1. HRSR 12-06-2004 - Laserfiche WebLink

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• the Jackson. Block Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Jackson Block Property. (v) Such affidavits or other documents as may be reasonably required by the Developer's title insurance company in order to record the Deed and to issue a title insurance policy acceptable to the Developer as provided in Section 3.3. (c) Developer's Documents. At the Closing, the Developer shall execute, where appropriate, and deliver all of the following Developer's Documents: (i) The Developer shall have delivered to the City any Phase I environmental report for the Development Property required by the Construction Lender. (ii) The City shall be satisfied that the Developer has obtained the Construction Loan for the Minimum Improvements in an amount sufficient, together with equity commitments, to complete the Minimum Improvements in conformance with the Construction Plans. (iii) Proof of insurance required pursuant to this Agreement. (iv) To the extent required and obtainable as of the Closing Date, environmental clearances, subdivision approvals, permits, and any other required 0 governmental approvals for the Minimum Improvements. (v) An affidavit of Developer indicating on the Closing Date that there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the Developer or the Bluff Block Property; that there has been no skill, labor or material furnished to the Bluff Block Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Bluff Block Property. (vi) • Funds sufficient for payment by the Developer at Closing of the recording charges or fees for all documents which are to be placed on record, the fee or charge imposed by any closing agent designated by the Title Company, and any other incidental or related closing costs. (vii) A certificate of good standing for Developer from the Secretary of State of the State. Section 3.8 Closing Costs. To the extent not already paid, the Developer shall, on the Closing Date, pay, among other things specified to be paid in this Agreement, all fees and expenses of third parties related to the Closing, including any and all taxes and filing fees, title issuance commitments and all out of pocket fees and expenses of the City in connection with the preparation of this Agreement and any purchase agreements with respect to the Jackson Block Aik Property, the establishment of the Tax Increment District and any other out of pocket costs of the IF City, including related engineering costs. The Developer shall not be obligated to pay for City administrative or staff costs. 1674205v8 21