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<br />(iv) In accordance with Section 4.1, the Developer shall have submitted the <br />Construction Plans for the Minimum Improvements to the City, and the City shall have <br />approved the same. <br /> <br />(v) Developer shall have performed all of the obligations required to be <br />performed by Developer under this Agreement as ofthe Closing Date. <br /> <br />(vi) The Developer shall have delivered to the City evidence of pres ales of the <br />units of the Bluff Block Housing Project in the amount required by the Construction <br />Lender. <br /> <br />(vii) The Developer shall have delivered to the City all of the Developer's <br />Documents described in Section 3.7(c). <br /> <br />(c) Citv's and Developer's Options. In the event that any of the foregoing <br />contingencies fail to be satisfied on or before the Closing Date, the Developer or the City, as the <br />case may be, may: <br /> <br />(i) terminate this Agreement; or <br /> <br />(ii) waive such failure and proceed to close. <br /> <br />Section 3.7 Closine:. <br /> <br />(a) Time and Place. Subject to the terms and conditions of this Agreement, the <br />Closing on the purchase and sale of the Jackson Block Property shall take place on the Closing <br />Date and shall take place at such place which is mutually acceptable to the Parties. The City <br />shall deliver possession of the Jackson Block Property on the Closing Date. <br /> <br />(b) Citv's Documents. At the Closing, the City shall execute, where appropriate, and <br />deliver all of the following City's Documents: <br /> <br />(i) The Deed properly executed on behalf of the City and in recordable form <br />conveying the Jackson Block Property to the Developer ftee and clear of all <br />encumbrances except those accepted by the Developer. <br /> <br />(ii) The most current abstracts of title, if any, in the City's possession to any <br />portion of the Jackson Block Property which are abstract property, and any owner's <br />duplicate certificate of title in the City's possession to any portion thereof which is <br />registered property. <br /> <br />(iii) A non-foreign affidavit properly containing such information as is <br />required by Internal Revenue Code Section 1445(b)(2) and the regulations promulgated <br />pursuant thereto. <br /> <br />(iv) An affidavit of the City indicating on the Closing Date that there are no <br />outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the City <br />or the Jackson Block Property; that there has been no skill, labor or material furnished to <br /> <br />1674205v8 <br /> <br />20 <br />