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(e) Financing. Developer shall have obtained, and the Agency shall <br />have approved Evidence of Construction Financing for such Please consistent with the approved <br />Evidence of Construction Financing of the Developer Improvements ents for such Phase as provided <br />in Section 3 16, 1 , and the roan ing for stieb Phase shall have closed and f ended or be ready to <br />close and fund concurrent with the applicable Closing. <br />(f) Title Policy. The Title Company shall, upon payment of Title <br />Company's regularly scheduled premium, have agreed to issue the Title Policy for each Phase <br />upon each Closing, in accordance with Section 203. <br />(g) The Developer shall have approved the <br />Environmental Condition of the portion of the Site included in the applicable Phase and shall not <br />have elected to cancel Escrow and terminate this Agreement pursuant to Section 206.2 hereof <br />and the Remedial Work if required pursuant to that Section) shall have been ompleted as <br />provided herein, <br />(h) Site Plan and Land Use i -ovals. The Developer <br />shall i have obtained City and Agency Executive Director approval of Conceptual Site Plan and <br />final Construction Drawings for all of the Developer Inriprovements in such Phase, (ii) have <br />obtained all Land Use Approvals necessary for the development of sLI lI Phase, including, <br />Without limitation, Subdivision Map Act compliance, any necessary zone change and/or approval <br />of any required density bonus, and (iii) tale sUch actions as are necessary to insure that building <br />permits for the development of such Phase shall be issued concurrently with the Conveyance of <br />the portion of the Site associated with such Phase, <br />(i) Foils and Geological Condition. Developer shall leave approved <br />the Site Condition with respect to such Phase in accordance with Section 206.1 hereof. <br />1 ) Reloccitlon. The Agency shall have relocated all tenants and other <br />inhabitants of the portion of the Site on which such Phase is or will be located in accordance with <br />all existing federal, stag and local laws. <br />(k) Site Imps- ovement . The poilion of the Site on which such Phase is <br />or will be located shall be free of all Site Improvements. <br />(1) ' vironmenta Condition. The portion of the Site on which such <br />Phase is or will be located shall be free of all Hazardous Materials, including, without limitation, <br />asbestos and lead -based paint, all in accordance with Section 206. 7 below, and the Developer <br />shall have received and approved the Abatement ent Report described in Section 206. 7 below. <br />(in) Condition of Site. S e. The Agency shall be unconditionally committed <br />to deliver i fee title to the portion of Site on Which such Phase is or will be located ill <br />accordance with the requirements of the Scope of Development, and 11 possession of such <br />portion of the Site on which such Phase is or will be located stil feet to rights of tenants in <br />possession. <br />(n) Budget. The Developer has prepared and the Agency has <br />approved the Revised Budget for the applicable Phase. <br />IVA <br />Cl 1 400673 031200272 -0001 <br />