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4.2.A. SR 12-06-2004
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4.2.A. SR 12-06-2004
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<br />the Jackson Block Property for which payment has not been made or for which <br />mechanic's liens could be filed; and that there are no other unrecorded interests in the <br />Jackson Block Property. <br /> <br />(v) Such affidavits or other documents as may be reasonably required by the <br />Developer's title insurance company in order to record the Deed and to issue a title <br />insurance policy acceptable to the Developer as provided in Section 3.3. <br /> <br />( c) Developer's Documents. At the Closing, the Developer shall execute, where <br />appropriate, and deliver all of the following Developer's Documents: <br /> <br />(i) The Developer shall have delivered to the City any Phase I environmental <br />report for the Development Property required by the Construction Lender. <br /> <br />(ii) The City shall be satisfied that the Developer has obtained the <br />Construction Loan for the Minimum Improvements in an amount sufficient, together with <br />equity commitments, to complete the Minimum Improvements in conformance with the <br />Construction Plans. <br /> <br />(iii) Proof of insurance required pursuant to this Agreement. <br /> <br />(iv) To the extent required and obtainable as of the Closing Date, <br />environmental clearances, subdivision approvals, permits, and any other required <br />governmental approvals for the Minimum Improvements. <br /> <br />(v) An affidavit of Developer indicating on the Closing Date that there are no <br />outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the <br />Developer or the Bluff Block Property; that there has been no skill, labor or material <br />furnished to the Bluff Block Property for which payment has not been made or for which <br />mechanic's liens could be filed; and that there are no other unrecorded interests in the <br />Bluff Block Property. <br /> <br />(vi) Funds sufficient for payment by the Developer at Closing of the recording <br />charges or fees for all documents which are to be placed on record, the fee or charge <br />imposed by any closing agent designated by the Title Company, and any other incidental <br />or related closing costs. <br /> <br />(vii) A certificate of good standing for Developer from the Secretary of State of <br />the State. <br /> <br />Section 3.8 Closine: Costs. To the extent not already paid, the Developer shall, on the <br />Closing Date, pay, among other things specified to be paid in this Agreement, all fees and <br />expenses of third parties related to the Closing, including any and all taxes and filing fees, title <br />issuance commitments and all out of pocket fees and expenses of the City in connection with the <br />preparation of this Agreement and any purchase agreements with respect to the Jackson Block <br />Property, the establishment of the Tax Increment District and any other out of pocket costs of the <br />City, including related engineering costs. The Developer shall not be obligated to pay for City <br />administrative or staff costs. <br /> <br />1674205v8 <br /> <br />21 <br />
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