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C. Payment of Closing Costs. Prior to the Close of Escrow, Agency <br />shall have deposited in Escrow funds necessary to pay all required costs of Closing for the <br />applicable Phase into Escrow in accordance with Section 202 hereof. <br />d. Financing. Developer shall have secured financing for the <br />improvements on the Sites as provided in Section 311.1 hereof, and such financing shall be <br />available for development of the improvements or, to the extent said financing consists of a third <br />party loan or loans, said loan or loans have closed and funded or shall be ready to close and fund <br />upon the Closing. <br />e. Review and Approval of Title. Developer shall have reviewed <br />and approved the condition of title of the Sites in the applicable Phase, as provided in Section <br />203 hereof. <br />f. Lender's Policy. The Title Company shall, upon payment of Title <br />Company's regularly scheduled premium, have agreed to issue the Lender's Policy for the <br />applicable Phase of the Sites upon the Close of Escrow, in accordance with Section 204 hereof. <br />g. Condition of Sites. The Developer shall have approved the <br />environmental, physical and soils condition of the applicable Site and shall not have elected to <br />cancel Escrow and terminate this Agreement pursuant to Section 208 hereof, the Remediation of <br />the applicable Site (if required pursuant to that Section) shall have been completed as provided <br />therein, and Agency is prepared to deliver exclusive possession of the Sites in the applicable <br />Phase to Developer at the Closing. <br />h. Design Approvals. The Developer shall have obtained approval <br />by the Agency of the Design Development Drawings as set forth in Section 302 hereof. <br />i. Land Use Approvals. The Developer shall have paid for and <br />received all land use approvals, entitlements and permits required for the Improvements by the <br />City or any other governmental agency affected by such construction work. <br />j. Financing. The Developer shall have obtained construction <br />financing of the Improvements on the applicable Phase as provided in Section 311.1 hereof. <br />k. No Litigation. No litigation shall be pending or threatened by any <br />third parties which seek to enjoin the transactions contemplated herein. <br />1. Representations and Warranties. All representations and <br />warranties of Agency contained in this Agreement shall be true and correct as if made on and as <br />of the Closing. <br />205.3 Legal Parcel. It shall be a Condition Precedent to Closing of a Phase, <br />which neither parry may waive, that all the Sites in such Phase shall be legal parcels in <br />compliance with the Subdivision Map Act. <br />15 EXHIBIT 4 <br />8OA-30