The Property Documents. At the Closing, the Commission shall, upon Developer's payment of the Purchase Price, deliver the following to Developer (collectively, the "Commission Deliveries"): (i) a special warranty deed (the "Deed"), conveying fee simple title to the Property from the Commission to Developer, free and clear of all liens and encumbrances, easements, conditions and restrictions except the Permitted Encumbrances; and containing the Transfer Restriction (as defined in Section 12.1), Property Tax Restriction (as defined in Section 12.19), (ii) a recordable document, separate from the Deed, to contain references to the Repurchase Right and the automatic expiration of the Repurchase Right upon substantial completion of the Project and to the Developer's Covenants; (iii) a non-foreign person affidavit; (iv) a vendor's affidavit to the Title Company with commercially responsible terms sufficient to delete the standard exceptions from the final title policy that do not require a survey; (v) delivery of any Governance Modifications (as defined in Section 12.17) that require the Commission's signature; (vi) such disclosures and reports as are required by applicable state law in connection with the conveyance of real property; and (vii) such other documents as may be required by the terms of this Agreement, or as may reasonably be necessary in order to consummate the transaction contemplated by this Agreement.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
The Property Documents. At the Closing, the Commission shall, upon Developer's payment of the Purchase Price, deliver the following to Developer (collectively, the "Commission Deliveries"):Developer:
(i) a special warranty deed (the "Deed"), conveying fee simple title to the Property from the Commission to Developer, free and clear of all liens and encumbrances, easements, conditions and restrictions except the Permitted Encumbrances; and containing the Transfer Restriction (as defined in Section 12.1), Property Tax Restriction (as defined in Section 12.1912.18),
(ii) a recordable document, separate from the Deed, to contain references to the Repurchase Right and the automatic expiration of the Repurchase Right upon substantial completion of the Project and to the Developer's CovenantsProject;
(iii) a non-foreign person affidavit;
(iv) a vendor's affidavit to the Title Company with commercially responsible terms sufficient to delete the standard exceptions from the final title policy that do not require a survey;
(v) delivery of any Governance Modifications (as defined in Section 12.17) that require the Commission's signature;
(vi) such disclosures and reports as are required by applicable state law in connection with the conveyance of real property; and;
(vii) such other documents as may be required by the terms of this Agreement, or as may reasonably be necessary in order to consummate the transaction contemplated by this Agreement; and
(viii) the ARC Certificate.
Appears in 1 contract
Samples: Development Agreement
The Property Documents. At the Closing, the Commission shall, upon Developer's payment of the Purchase Price, deliver the following to Developer (collectively, the "“Commission Deliveries"Closing Documents”):
(i) a special warranty deed (the "Deed"), conveying fee simple title to the Property from the Commission to Developer, free and clear of all liens and encumbrances, easements, conditions and restrictions except the Permitted Encumbrances; and containing the Transfer Restriction (as defined in Section 12.1), Property Tax Restriction (as defined in Section 12.1912.19 below),
(ii) a recordable document, separate from the Deed, to contain references to the Repurchase Right and the automatic expiration of the Repurchase Right upon substantial completion of the Project and to the Developer's ’s Covenants;
(iii) a non-foreign person affidavit;
(iv) a vendor's affidavit to the Title Company with commercially responsible terms sufficient to delete the standard exceptions from the final title policy that do not require a survey;
(v) delivery of any Governance Modifications (as defined in Section 12.1712.17 below) that require the Commission's ’s signature;
(vi) such disclosures and reports as are required by applicable state law in connection with the conveyance of real property; and
(vii) such other documents as may be required by the terms of this Agreement, or as may reasonably be necessary in order to consummate the transaction contemplated by this Agreement.
Appears in 1 contract
Samples: Development Agreement