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40 <br />40 <br />EXHIHIT B <br />ESCROW RELEASE CONDITIONS <br />Prior to closing on the (i) County Agreement for Sale and Purchase between the County and the <br />Dodgers and the issuance of Bonds as contemplated in the Memorandum of Understanding, and (ii) <br />Developer Agreement for Sale and Purchase, the following conditions shall have been satisfied, or waived <br />in writing by the Parties hereto, and each, in its sole and absolute discretion, shall have executed a <br />Certificate acknowledging waiver or performance of the following: <br />(1) The environmental site assessment required under the County Agreement for Sale and Purchase <br />has been obtained, updated and accepted by the County and the Dodgers as provided therein; <br />(2) The land survey required under the County Agreement for Sale and Purchase has been obtained, <br />updated and accepted by the County as provided therein; <br />(3) The title insurance commitment required under the County Agreement for Sale and Purchase has <br />been obtained, endorsed and accepted by the County as provided therein; <br />(4) Tlnc ADA site assessment required under the County Agreement for Sale and Purchase has been <br />obtained, updated and accepted by the County and the Dodgers as provided therein. <br />(i) The Dodgers have prepared the preliminary design pian in order to prepare the Design. Criteria <br />Package called for in the Development Agreement and same has been accepted by both the <br />Dodgers and the County; <br />(G) The County has duly selected a Design Build Firm; the Dodgers have entered into a Design l3trild <br />Agreement; Project Design has commenced and is substantially complete, Construction Drawings <br />are substantially complete; and all site plan approvals reasonably necessary to immediately <br />commence construction ofthe Improvements have been obtained and are acceptable to the Parties <br />(all capitalized terms being defined in the Development Agreement or the Memorandum of <br />Understanding); <br />(7) The Developer has not provided notice of termination as described in the Memorandum of <br />Understanding in connection with site plan approvals and the Developer is in a position to obtain <br />a building permdt and commence construction on the land to be acquired by the Developer under <br />the Developer Agreement for Sale and Purchase upon acquisition of said land; <br />M <br />