Authorized Improvements to be Owned by the City – Title Evidence Sample Clauses

Authorized Improvements to be Owned by the City – Title Evidence. It is the intent and agreement of the Developer and the City that the Authorized Improvements will become the property of the City. In addition to any designation on a plat of rights-of-way, easements, park land or other dedications, all land to be transferred to the City as an Authorized Improvement shall be conveyed to the City by a warranty deed (the “Warranty Deed”) in the form attached hereto as Exhibit F separate instrument approved by the City and sufficient for purposes of obtaining title insurance. All costs of title insurance and costs associated with closing on the conveyance shall be borne by the Developer. The Developer shall furnish to the City a preliminary title report for land with respect to the Authorized Improvements, including any related rights-of- way, to be acquired and accepted by the City from the Developer, for review and approval at least 30 calendar days prior to the transfer of title of an Authorized Improvement to the City. The City shall approve the preliminary title report unless it reveals a matter which, in the reasonable judgment of the City, could materially affect the City’s use and enjoyment of any part of the land or right-of-way covered by the preliminary title report. In the event the City does not approve the preliminary title report, the City shall not be obligated to accept title to the Authorized Improvement until the Developer has cured such objections to title to the satisfaction of the City. The failure of the Developer to provide a title report acceptable to the City on any Authorized Improvements shall constitute an event of default under this Agreement. Upon failure of the Developer to cure such default within thirty (30) days of receipt of notice from the City, the Developer shall refund to the City all amounts paid from the Construction Fund for the cost of such Authorized Improvements.
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