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13 <br />(g) Zoning. Prior to Closing, the Developer shall have determined that: (i) the <br />zoning of the Project Site is proper and appropriate for the construction of the Project and <br />use of the Project in accordance with the terms and conditions of this Agreement; and (ii) <br />the Project Site is subject only to commitments and restrictions that are acceptable to the <br />Developer in its reasonable discretion. <br />(h) Utility Availability. Prior to Closing, the Developer, at its expense and in <br />coordination with the City Bodies pursuant to Section 4.03, shall have determined that gas, <br />electricity, telephone, cable, water, storm and sanitary sewer, and other utility services are: <br />(i) located within adjoining public rights-of-way or properly granted utility easements; and <br />(ii) serving, or will serve, the Project Site at adequate pressures, and in sufficient quantities <br />and volumes, for the construction and use of the Project in accordance with the terms and <br />conditions of this Agreement. The City Bodies shall reasonably cooperate and provide such <br />assistance, information, authorizations, or approvals as may be required to confirm or <br />secure such utility availability, it being understood that the City Bodies will not incur any <br />costs related to such utility infrastructure except for the stormwater management <br />improvements to be undertaken by the City. <br />(i) Required Permits. Prior to Closing, the Developer shall have: (i) obtained; <br />or (ii) determined that it shall be able to obtain, all Required Permits. <br />(j) Final Construction Plans. Prior to Closing, final construction plans shall <br />have been completed and approved by the City. For purposes of this Section, “final <br />construction plans” mean the complete and detailed plans, drawings, specifications, and <br />related documents for the design, engineering and construction of the Project, excluding <br />tenant interior build-out plans, and prepared by the Developer’s licensed professionals and <br />approved by the City in accordance with applicable laws, codes, and permitting <br />requirements. <br />(k) Financial Ability. Prior to Closing, the Developer shall demonstrate to the <br />reasonable satisfaction of the City that the Developer has adequate funds (proceeds from <br />the Project Loan, Bond Proceeds, and/or cash on hand) to construct the Project. <br />(l) Ancillary Agreements. Prior to Closing: (i) the applicable City Bodies and <br />the Developer, each exercising commercially reasonable discretion, shall have approved <br />the form and substance of any and all Ancillary Agreements and (ii) all other parties to the <br />Ancillary Agreements shall have approved the form and substance of such Ancillary <br />Agreements. <br />(m) Financing Documents. If the Developer elects to obtain a Project Loan for <br />the Project, then (i) prior to Closing, the Developer’s lender and the applicable City Bodies <br />shall have approved the form and substance of the Project Loan documents, the Bond <br />Documents, and any additional documents relating to the Project Loan and (ii) at or before <br />Closing, the Project Loan shall be closed, and in connection therewith, the Project Loan <br />documents and the Bond Documents, and any additional documents relating thereto shall <br />be fully executed by all parties thereto. If the Developer does not obtain a Project Loan, <br />the requirements of this Section shall not apply.