Common use of Developer’s Documents Clause in Contracts

Developer’s Documents. At the Option Closing, the Developer shall execute, where appropriate, and deliver all of the following “Developer’s Documents”: (a) A sworn construction cost statement executed by the Developer and the general contractor setting forth total Construction Costs of the Project. (b) Proof of insurance required by this Agreement. (c) To the extent required and obtainable as of the Option Closing Date, environmental clearances, subdivision approvals, permits, and any other required governmental approvals for the Project. (d) An affidavit from Developer indicating on the Option Closing Date that there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving the Developer; that there has been no skill, labor or material furnished to the Development Property for which payment has not been made or for which mechanic’s liens could be filed. (e) Funds sufficient for payment by the Developer at Option Closing of the recording charges or fees for all documents which are to be placed on record, the fee or charge imposed by any closing agent designated by the Developer’s Title Company, and any other incidental or related closing costs. (f) The Organizational Documents and Construction Documents. (g) Evidence satisfactory to the EDA that the Developer has sufficient financing to complete the Project. (h) An easement agreement over the Development Property or conveyance of right-of-way to the City, adequate, in the City’s sole determination, to develop a north- south access road connecting the property located at ▇▇▇ ▇ ▇▇▇▇▇▇ ▇▇ (▇▇▇▇▇▇’▇) to the property located at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ (Chaser’s) generally consisting of the area labeled as Lot 2 (approximately 3,428 square feet) approximately as shown in the depiction attached in Exhibit B. (i) Business subsidy agreement, which satisfies the provisions of Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidies Act”), if applicable. (j) The Developer’s estimate of the Total Development Costs of the Project and sources of revenue to pay such costs and proforma cash flow for the Project. (k) Such other documents as shall be required to carry out the intent of this Agreement.