65A - RFQ - 3RD AND BROADWAY DEV

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3.5.1.4 City shall have executed and delivered the Grant Deed to the Escrow Agent 3.5.1.5 City shall have executed and delivered the Reciprocal Easement Agreement to the Escrow Agent. 3.5.1.6 Developer has received all City approvals required for the development of the Project, including all required discretionary entitlements, design review, and approval of Developer's construction plans and drawings for the Project and all appeal periods for such approvals have expired; 3.5.1.7 The Title Company shall be ready, willing, and able to issue the Title Policy to Developer at the Close of Escrow, subject only to the permitted exceptions described in Section 3.6.2; and 3.5.2 For Benefit of City: 3.5.2.1 Before the Close of Escrow, Developer shall not be in default in any of its obligations under the terns of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. 3.5.2.2 Developer shall have reviewed and approved the condition of title of the City Property, as provided in Section 3.6 hereof. 3.5.2.3 Developer shall have reviewed and approved the environmental condition of the Project Site, as provided in Section 3.12 hereof. 3.5.2.4 Developer shall have executed and delivered the Reciprocal Easement Agreement to the Escrow Agent; 3.5.2.5 Developer shall have delivered the Purchase Price to the Escrow Agent; 3.5.2.6 Developer shall have paid into escrow all fees and costs associated with the transaction; 3.5.2.7 Developer's final construction plans and drawings for the Project have been approved by the City, pursuant to Section 4.4; 3.5.2.8 The Developer shall prepare a complete environmental documents consistent with the California Environmental Quality Act (CEQA) for the proposed project. The construction management and mitigation plan shall be discussed and analyzed as part of the environmental review process prior to final approvals. 5 5 3 94.00000129008220. 1 65A812