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4.5 Developer's Escrow Deposits. At least one (1) business day prior to the Escrow <br />Closing Date scheduled by the Escrow Agent in a writing delivered to both of the Parties, the <br />Developer shall deposit the following described funds and documents into the Escrow and, <br />concurrently, provide a copy of each such document to the City: <br />4.5.1 PCO Report. A PCO Report executed by the authorized representative(s) <br />of the Developer; <br />4.5.2 Insurance Documents. Any copies of insurance policies or original <br />certificates of insurance required to be delivered to the City by the Developer on or before the <br />Close of Escrow, pursuant to Section 3.5.1; <br />4.5.3 Acceptance of City Deed. The Certificate of Acceptance of the City Deed, <br />in substantially the form attached to the City Deed, executed by the authorized representative(s) <br />of the Developer in recordable form; <br />4.5.4 Notice of Agreement. The Notice of Agreement executed by the authorized <br />representative(s) of the Developer in recordable form; <br />4.5.5 Other Funds and Documents. Such other funds or documents required from <br />the Developer under the terms of this Agreement to close the Escrow or by the Escrow Agent in <br />the performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow. <br />4.6 City's Escrow Deposits. At least one (1) business day prior to the Escrow Closing <br />Date scheduled by the Escrow Agent in a writing delivered to both of the Parties, the City shall <br />deposit the following described funds and documents into the Escrow and, concurrently, provide <br />a copy of each such document to the Developer: <br />4.6.1 City Deed. The City Deed executed by the authorized representative(s) of <br />the City in recordable form; <br />4.6.2 FIRPTA Affidavit. The FIRPTA Affidavit completed and executed by the <br />authorized representative(s) of the City; <br />4.6.3 Notice of Agreement. The Notice of Agreement executed by the authorized <br />representative(s) of the City in recordable form; <br />4.6.4 Form 593. A Form 593 executed by the authorized representative(s) of the <br />City; and <br />4.6.5 Other Funds and Documents, Such other funds or documents required from <br />the City under the terms of this Agreement to close the Escrow or by the Escrow Agent in the <br />performance of the Escrow Agent's contractual or statutory obligations regarding the Escrow. <br />4.7 Closing Procedure. When each of the Developer's Escrow deposits, as set forth <br />in Section 4.5, and each of the City's Escrow deposits, as set forth in Section 4.6, are deposited <br />into the Escrow, the Escrow Agent shall request confirmation in writing from both the Developer <br />and the City that each of their respective conditions to the Close of Escrow, as set forth in Section <br />22 <br />55394.00049\33239203.12 <br />