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<br />(i) The Deed properly executed on behalf of the City and in recordable form <br />conveying the Jackson Block Property to the Developer free 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 contmmng 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 />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 obtaincdclosed on 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 />1824344vRED V2 to VI; 10/12/05 <br /> <br />22 <br />