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provisions of this Section shall survive Close of Escrow. If either Party fails to <br /> pay its pro rata share of taxes or other expenses by the times herein provided, <br /> interest shall accrue on all unpaid amounts from when owing until paid at the <br /> maximum rate allowed by law. Any errors or omissions made in calculating <br /> adjustments and prorations shall be corrected promptly upon the discovery <br /> thereof. If any estimations are made at the Close of Escrow regarding <br /> adjustments or prorations, the Parties shall make the appropriate collection <br /> promptly when accurate information becomes available. Any corrected <br /> adjustment or proration shall be paid to the Party entitled thereto within thirty <br /> (30)days after written request therefor and if not so paid interest shall accrue <br /> and be payable on same at the maximum rate allowed by law. <br /> 3.9 Closing Costs. Buyer shall pay the cost of the Title Policy,the Escrow Fees <br /> and any applicable documentary transfer fees(considering Seller is a City)and recording fees,and <br /> all other costs and expenses incurred related to the purchase of the Property by Buyer. If required <br /> by Buyer's lender, Buyer shall also pay for the appraisal cost of the Property (collectively, <br /> "Closing Costs"). As soon as reasonably possible following the Close of Escrow,Escrow Holder <br /> shall deliver a copy of the final Escrow closing statement to Buyer and Seller. <br /> 3.10 Grant Deed. The transfer of ownership of the Property shall be documented <br /> through a Grant Deed in the form attached hereto as Exhibit"C" and incorporated herein by <br /> reference,conveying the Property to Buyer("Grant Deed"). <br /> 3.10.1 Affordable Housing Covenant in the Event of <br /> Residential Development. In accordance with California Government Code <br /> Section 54233,if 10 or more residential units are developed on the Property,not <br /> less than 15 percent of the total number of residential units developed on the <br /> Property shall be sold or rented at affordable housing cost,as defined in Section <br /> 50052.5 of the Health and Safety Code,or affordable rent,as defined in Section <br /> 50053 of the Health and Safety Code,to lower income households,as defined in <br /> Section 50079.5 of the Health and Safety Code. Rental units shall remain <br /> affordable to, and occupied by,lower income households for a period of at least <br /> 55 years for rental housing and 45 years for ownership housing. The initial <br /> occupants of all ownership units shall be lower income households,and the units <br /> shall be subject to an equity sharing agreement consistent with the provisions of <br /> paragraph (2) of subdivision (c) of Section 65915 of the Government Code. <br /> Buyer expressly agrees and consents that the requirements of this section shall <br /> be contained in a covenant or restriction recorded against the Property prior to <br /> land use entitlement of the project,and the covenant or restriction shall run with <br /> the land and shall be enforceable, against any owner who violates a covenant or <br /> restriction and each successor in interest who continues the violation,by any of <br /> the entities described in subdivisions(a)to (f), inclusive,of Section 54222.5 of <br /> the Government Code. <br /> 3.11 Recordation and Delivery of Documents. No later than the business day <br /> immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow <br /> -6- <br />