OPA: Grimshaw House - City of Anaheim

(v) Execution of Documents. Developer shall have executed
and delivered into Escrow all documents to which
Developer is a Party.
(vi) Deposit of Funds. Developer shall have deposited all
funds and shall have made all payments required to be
deposited and made by Developer for the Closing pursuant
to this Agreement.
(vii) Evidence of Financing. Agency shall have approved
Developer’s Evidence of Financing pursuant to Section
408.1.
(viii) Land Use Approvals. Developer shall have obtained all
Entitlements and land use approvals required to commence
and complete the construction of the Developer
Improvements.
(B) Developer’s Conditions. Developer’s obligation to close Escrow
is conditioned upon the satisfaction or written waiver by Developer
of each and every one of the conditions precedent (i) through (ix),
inclusive, described below (the “Developer’s Conditions
Precedent to Closing”), which are solely for the benefit of
Developer, and which shall be satisfied or waived by the time
periods provided for herein:
(i) Physical Condition of Agency Parcels. Prior to the
expiration of the Developer’s Due Diligence Period,
Developer shall not have elected to cancel Escrow and
terminate this Agreement due to the physical condition of
the Agency Parcels and shall have delivered Developer’s
Notice to Proceed to Agency pursuant to Section 303.3 of
this Agreement.
(ii) Environmental Condition of Agency Parcels. Prior to
the expiration of the Developer’s Due Diligence Period,
Developer shall not have elected to cancel Escrow and
terminate this Agreement due to the environmental
condition of the Agency Parcels and shall have delivered
Developer’s Notice to Proceed to Agency pursuant to
Section 303.3.
(iii) No Default. Agency is not in default of any of its material
obligations under the terms of this Agreement and all
representations and warranties of Agency contained herein
27