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