04 - JOINT PH - Habitat DDA - Laserfiche WebLink

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c. Payment of Closing Costs. Prior to the Close of Escrow, Agency shall have deposited in Escrow funds necessary to pay all required costs of Closing for the applicable Phase into Escrow in accordance with Section 202 hereof. d. Financing. Developer shall have secured financing for the improvements on the Sites 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 panty loan or loans, said loan or loans have closed and funded or shall be ready to close and fund upon the Closing. e. Review and Approval of Title. Developer shall have reviewed and approved the condition of title of the Sites in the applicable Phase, as provided in Section 203 hereof. f. Lender's Policy. The Title Company shall, upon payment of Title Company's regularly scheduled premium, have agreed to issue the Lender's Policy for the applicable Phase of the Sites upon the Close of Escrow, in accordance with Section 204 hereof. g. Condition of Sites. The Developer shall have approved the environmental, physical and soils condition of the applicable Site and shall not have elected to cancel Escrow and terminate this Agreement pursuant to Section 208 hereof, the Remediation of the applicable Site (if required pursuant to that Section) shall have been completed as provided therein, and Agency is prepared to deliver exclusive possession of the Sites in the applicable Phase to Developer at the Closing. h. Design Approvals. The Developer shall have obtained approval by the Agency of the Design Development Drawings as set forth in Section 302 hereof. i. 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. j. Financing. The Developer shall have obtained construction financing of the Improvements on the applicable Phase as provided in Section 311.1 hereof. li. No Litigation. No litigation shall be pending or threatened by any third parties which seek to enjoin the transactions contemplated herein. 1. Representations and Warranties. All representations and warranties of Agency contained in this Agreement shall be true and coi7ect as if made on and as of the Closing. 205.3 Legal Parcel. It shall be a Condition Precedent to Closing of a Phase, which neither party may waive, that all the Sites in such Phase shall be legal parcels in compliance with the Subdivision Map Act. 15 EXHIBIT 4