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4 190485v1 shall occur within sixty (60) days of the City’s Notice, and shall be at a place mutually agreed upon by the City and the Landowner. If the City purchases the Civic Use Land, it agrees to commence construction of the Civic Use within one year after the closing, and to make reasonable efforts to complete the construction of the Civic Use within two years after the closing, subject to force majeure. The deed from Landowner for the Civic Use Land will contain a right of forfeiture that will allow Landowner to re-purchase the Civic Use Land for the price the City paid if the City does not commence building the approved Civic use within 18 months after the closing, or if the City has not commenced vertical construction of the enclosed structure or structures (not including site work, excavation work, or infrastructure improvements such as streets and utilities) within 24 months after the closing. 4. Conditions to Closing. Unless waived by the City in writing, the obligation of the City to close under this transaction is expressly conditioned upon the satisfaction of all conditions contained in this Agreement by the Closing Date. If such conditions are not met, the City may elect either to terminate this Agreement by written notice to the Landowner or close the transaction contemplated by this Agreement and thereby waive the Landowner’s performance of those conditions which have not been satisfied. Landowner shall deliver to the City a fully executed Limited Warranty Deed to the Civic Use Land in recordable form and such other documents as may be reasonably required pursuant to this Agreement on the Closing Date. The Landowner shall not permit any adverse changes in the condition of the Civic Use Land or grant any other party a right to use the Civic Use Land that would interfere with the City’s ownership of the Civic Use Land. 5. Mortgages, Liens and Other Encumbrances. Unless otherwise provided for herein, thirty (30) days prior to the Closing Date, the Landowner shall furnish to the City a title commitment for the Civic Use Land, and Landlord agrees to convey the Civic Use Land to the City