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(e) The City will cooperate with the Developer with respect to any litigation, other <br />than litigation in which the City and the Developer are adverse parties, <br />commenced with respect to the TIF Plan, Program, or Minimum. Improvements. <br />(f) The Development Property is properly zoned for the developer's intended use and <br />the Minimum Improvements contemplated by the Construction Plans are in <br />conformity with the Program and TIF Plan. <br />(g) The City has received no notice or communication from any local, state or federal <br />official that the activities of the Developer or the City in the Development District <br />may be, or will be, in violation of any environmental law or regulation (other than <br />those notices or communications, of which the Developer is aware). The City is <br />aware of no facts, the existence of, which would cause it to be in violation of, or <br />give any person a valid claim, under any local, state or federal environmental law, <br />regulation or review procedure. <br />(h) The City will provide $250,000.00 of Financial Assistance to the Developer <br />determined as follows: <br />Value of the Development Property and <br />and the Public Improvements $368,155 <br />Business Subsidy (the "Financial Assistance ") $250,000 <br />Total Cash Due from Developer at Closing $118,155 <br />On the Closing Date, Developer agrees to pay to the City the difference between <br />the value of the Development Property plus the Public Improvements less the <br />Financial Assistance. <br />Section 2.3. Title City, at City's expense, shall promptly obtain and deliver to Developer <br />a Commitment for an owner's title insurance policy (ALTA Owner's Form Policy 1992) naming <br />Developer as the proposed owner /insured of the Development Property (the "Title <br />Commitment "). The Title Commitment shall commit to insure fee title in Developer, free and <br />clear of all mechanic's lien claims, questions of survey, unrecorded interests, rights of parties in <br />possession, or other exceptions. <br />Developer will be allowed ten (10) business days after receipt of the Title Commitment and <br />the Survey (as hereinafter defined) for examination thereof, and for making any objections to <br />the marketability. of the title to the Development Property, said objections to be made by <br />written notice or to be deemed waived. Developer need not object to mortgages or other <br />monetary liens. If any objections are so made to the marketability of the title to the <br />Development Property, City shall immediately commence and diligently endeavor to <br />complete all actions necessary to cure the objections, including, but not limited to, the <br />institution of "quick take" eminent domain proceedings, and shall be allowed until the <br />Closing Date to cure such objections and make the title to the Development Property good <br />and marketable of record in City and to obtain and deliver to Developer appropriate <br />endorsements to the Title Commitment and an updated Survey indicating that any such <br />objections have been cured. If not sooner satisfied, City shall satisfy any mortgages or other <br />monetary liens against the Development Property at the closing. If the title to the <br />—113— <br />