75A - CREVIER DEVELOPMENT AGMT. - Laserfiche WebLink

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(I) No Default. Prior to the Close of Escrow, Developer shall not be in Default in any of its obligations under the tenns ofthis DDA and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (2) Execution of Documents. The Developer shall have executed an acceptance of the Grant Deed and Quit Claim Deed, and any other documents required hereunder and delivered such documents into Escrow. (3) Pavrnent of Funds. Prior to the Close of Escrow, Developer shall have deposited in Escrow the Purchase Price, and Developer shall have paid all of Developer's required costs of Closing. (4) Insurance. The Developer shall have provided proof of insurance as required by Section 701.B. of this DDA. (5) Financing. The Executive Director of Agency shall have approved the construction financing of the Project (which approval shall not be unreasonably withheld if Developer demonstrates that such financing has been irrevocably committed for the Project), and such financing shall have closed and funded or shall close and fund concurrently with the Closing. (5) Citv Discretionary Approvals. Prior to the Closing, the Agency and the Developer shall have obtained all City Discretionary Approvals required for the development of the Project. (7) Acquisition of Property. The Agency shall have acquired clear, marketable title to the Property, or shall be acquiring title in such condition concurrently with the Closing. (8) Possession. Prior to Closing, the Agency shall have obtained full and sole possession ofthe Property or of the relevant Parcel which is being closed, except that the Developer shall not object to the closing of Parcel A if the County of Orange is still occupying the accessory garage located at the rear of the Agency owned property at 2009 East Edinger A venue, pursuant to the tenns of a relocation agreement by and between the Agency and the County of Orange in a fonn reasonably approved by Developer. (9) Prevailing Wage ()Pinion. The Developer shall have obtained and submitted to the Agency a written detennination ITom the California Department ofIndustrial Relations pursuant to 8 California Code of~egulations § I 600 1 (a) that the construction ofthe Project is not a public work and therefore is not subject to prevailing wage. Section 412. Developer's Conditions of Closing. Provided the failure of any such condition is not due to a failure by the Developer to satisfy its obligations under this DDA, the Developer's obligation to proceed with the purchase of Parcel A and Parcel B of the Property is subject to the fulfillment by Agency or waiver by 16