04 - JOINT PH - Habitat DDA - Laserfiche WebLink

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c. Payment of Closing Costs. Prior to the Close of Escrow, Developer shall have paid all required costs of Closing into Escrow in accordance with Section 202 hereof. d. Design Approvals. The Developer shall have obtained approval by the Agency of the Design Development Drawings as set forth in Section 302 hereof. e. Land Use Approvals. The Developer shall have paid for and received all land use approvals, entitlements and permits required for the Improvements by the City or any other governmental agency affected by such construction work. f. Insurance. The Developer shall have provided proof of insurance as required by Section 306 hereof. g. Financing. The Agency shall have approved financing of the Improvements on the Sites in the applicable Phase as provided in Section 311.1 hereof, and such financing shall be available for development of the improvements or, to the extent said financing consists of a third party loan or loans, said loan or loans have closed and funded or shall be ready to close and fund upon the Closing. h. No Litigation. No litigation shall be pending or threatened by any third parties which seek to enjoin the transactions contemplated herein. i. Representations and Warranties. All representations and warranties of Developer contained in this Agreement shall be true and col-rect as if made on and as of the Closing. j. Corporate Resolution. Developer shall deliver to Agency a certified copy of a resolution of Developer's Board of Directors authorizing (or ratifying) the execution of this Agreement and establishing funding for fulfilling Developer's obligations under this Agreement. 205.2 Developer's Conditions of Closing. Developer's obligation to proceed with the purchase of the Sites in each Phase is subject to the fulfillment or waiver by Developer of each and all of the conditions precedent (a) through (1), inclusive, described below ("Developer's Conditions Precedent"), which are solely for the benefit of Developer, and which shall be fulfilled or waived by the time periods provided for herein (provided, however, that if the reason for the failure of any of the following conditions is due to a Developer Default, such failure shall not be deemed to constitute the failure of Developer's Conditions Precedent): a. No Default. Prior to the Close of Escrow, Agency is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of Agency contained herein shall be true and coi7ect in all material respects. b. Execution of Documents. The Agency shall have executed the Grant Deeds for the Sites in the Phase and any other documents required hereunder, and delivered such documents into Escrow. 14 EXHIBIT 4