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(e) The Developer having reviewed and approved soil and environmental conditions <br /> as set forth in Section 3.1O(d). <br /> (f) The City having obtained good and marketable title to the City's Property. <br /> (g) The City having completed the City Site Work to the reasonable satisfaction of <br /> the Developer's general contractor. <br /> Condition (c) is solely for the benefit of the City, and may be waived by the City. Conditions (d), <br /> (e), (f) and (g) are solely for the benefit of the Developer, and may be waived by the Developer. <br /> Conditions (a) and (b) are for the benefit of both the City and the Developer and may only be <br /> waived by both Parties. <br /> Section 3.5. Conditions of Conveyance of New Resources Property. The Developer <br /> shall convey title to and possession of the New Resources Property to the City at Closing by quit <br /> claim deed. The Developer's obligation to convey the New Resources Property to the City, and <br /> City's obligation to purchase the New Resources Property, is subject to satisfaction of the <br /> following terms and conditions: <br /> (a) There is no uncured Event of Default under this Agreement. <br /> (b) The City having reviewed and approved (or waived objections to) title to the New <br /> Resources Property as set forth in Section 3.8 hereof. <br /> (c) The Developer having completed the removal of all trees and the demolition and <br /> removal of all buildings on the New Resources Property to the reasonable satisfaction of the City <br /> engineer. <br /> (d) The City having reviewed and approved (or waived objections to) soil and <br /> environmental conditions as set forth in Section 3.9 hereof. <br /> Condition (a) is solely for the benefit of the Developer, and may be waived by the Developer. <br /> Conditions (b), (c), and(d) are solely for the benefit of the City, and may be waived by the City. <br /> Section 3.6. Place of Document Execution, Delivery and Recording. <br /> (a) Location. Unless otherwise mutually agreed by the City and Developer, the <br /> execution and delivery of all deeds and documents shall be made at the offices of the City. <br /> (b) Documents. The following documents shall be delivered in connection with the <br /> Closing: <br /> (1) A quit claim deed for the New Resources Property and a quit claim deed <br /> for the City's Property. Both deeds shall be in recordable form and shall be promptly <br /> recorded in the proper office for the recordation of deeds. <br /> (2) An affidavit of the Developer regarding liens, judgments, tax liens, <br /> bankruptcies, parties in possession, survey and mechanics' or materialmen's liens and <br /> 9 <br /> 512017v5 JSB BL185-52 <br />