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2. Applicable building codes and zoning ordinances. <br />3. Any and all other covenants, restrictions, easements and reservations of <br />record. <br />B. Time and Place of Closing on Sale of the Propert y. Subject to the terms and <br />conditions of this Contract, the Commission shall deliver the Deed and possession of the Property to <br />the Developer when the conditions precedent to closing enumerated in Subsection F of this <br />SECTION II have been met, or earlier if the parties mutually agree in writing. Conveyance shall be <br />made at a time and place mutually agreed upon by the Commission and Developer. Fees for closing <br />services provided by the title company shall be borne by the Developer. The Developer shall accept <br />the conveyance and pay the Purchase Price to the Commission at that time and place. <br />Prior to closing and as a condition precedent thereto, Developer must provide to the <br />Commission evidence satisfactory to the Commission of a binding commitment by a financial <br />institution for financing of the Project. <br />C. Apportionment of Current Taxes. The Commission shall bear the portion of the <br />current taxes (if any) on the Property, which are a lien on the date of delivery of the Deed to the <br />Developer. <br />D. Recordation of Deed. The Commission shall promptly record the Deed at the St. <br />Joseph County Recorder's Office and shall pay the costs for recording the Deed. <br />E. Title Insurance. The Commission shall furnish the Developer a title insurance policy <br />that insures the Developer's title in a sum equal to the Purchase Price and subject only to those items <br />provided for in the Contract. <br />F. Conditions Precedent to Closing. Prior to and as conditions precedent to closing: <br />1. The Commission shall provide to Developer an ALTA survey of the <br />property. <br />2. Developer shall submit to the Commission a final site plan and development <br />specifications for the Property (the "Development Plan "). <br />3. Developer shall submit to the Commission evidence satisfactory to the <br />Commission of binding commitments for financing the Project. <br />4. Rights of view across the parcel to the west, as more particularly set forth in <br />Exhibit B, are being negotiated by the Developer and the South Bend <br />Redevelopment Authority. Should Developer's attempts to secure rights of <br />view satisfactory to the Developer fail, Developer may cancel this Contract <br />for Sale. <br />2 <br />