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3.3.4.2 The premiums for title insurance attributable to a CLTA standard form <br />policy, to be paid by the City as set forth in Section 3.9 of this Agreement hereof, <br />3.3.4.3 Any increase in title insurance premiums attributable to an ALTA title <br />insurance policy, and for all special endorsements, if and as requested by the Developer as set <br />forth in Section 3.9, below. <br />3.3.4.4 Costs necessary to place the title to the City 'Property in the condition for <br />conveyance required by the provisions of this Agreement; <br />3.3.4.5 Recording fees; <br />3.3.4.6 Notary fees; <br />3.3.4.7 Any state, county, or city documentary transfer tax, and <br />3.3.4.8 Ad valorem taxes, if any, upon the City Property for any time prior to <br />conveyance of the City Property interest to Developer. <br />3.3.5 Upon receiving a written certification from both the City and the Developer that <br />the conditions for conveyance to the Developer of the City Property have either been satisfied or <br />waived and instructing the Escrow Agent to close escrow, and upon delivery of the Grant Deed <br />and funds pursuant to Section 3.7 of this Agreement, the Escrow Agent shall record the Grant <br />Deed in accordance with the terms and provisions of this Agreement (the "Close of Escrow "). <br />The Close of Escrow shall occur not later than 20 (the "Outside Date "). The <br />Escrow Agent is further authorized to: <br />3.3.5.1 Pay and charge the Developer for any fees, charges, or costs payable <br />pursuant to this Agreement. Before such payments are made, the Escrow Agent shall notify the <br />City and the Developer of the fees, charges, and costs necessary to clear title and close the <br />escrow; <br />3.3.5.2 Disburse funds and deliver any documents to the parties entitled thereto <br />when the conditions of this escrow have been fulfilled by the City and Developer; and <br />3.3.5.3 Record the Grant Deed and any other instruments delivered through <br />escrow, if necessary or proper, to vest fee title in the Developer in accordance with the terms and <br />provisions of this Agreement, and pay any transfer tax from the escrow funds required by law. <br />3.3.6 All funds deposited with the Escrow Agent shall be delivered by wire transfer or <br />other certified immediately available funds, and shall be deposited by the Escrow Agent with <br />other escrow funds of the Escrow Agent in a general escrow account or accounts with any state <br />or national bank doing business in the State of California. Such fiords may be transferred to any <br />other general escrow account or accounts. All disbursements shall be made by check of the <br />Escrow Agent, or by wire transfer if authorized by the Parties. <br />55394.00000\29008220.1 <br />65A -10 <br />