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3.3.4.2 The premiums for title insurance attributable to a CLTA standard form policy, to be paid by the City as set forth in Section 3,9 of this Agreement hereof; 3.3.4.3 Any increase in title insurance premiums attributable to an ALTA title insurance policy, and for all special endorsements, if and as requested by the Developer as set forth in Section 3.9, below. 3,3.4.4 Costs necessary to place the title to the City Property in the condition for conveyance required by the provisions of this Agreement; 3.3.4.5 Recording fees; 3.3.4.6 Notary fees; 3.3.4.7 Any state, county, or city documentary transfer tax, and 3.3.4.9 Ad valorem taxes, if any, upon the City Property for any time prior to conveyance of the City Property interest to Developer. 3.3.5 Upon receiving a written certification from both the City and the Developer that the conditions for conveyance to the Developer of the City Property have either been satisfied or waived and instructing the Escrow Agent to close escrow, and upon delivery of the Grant Deed and funds pursuant to Section 3.7 of this Agreement, the Escrow Agent shall record the Grant Deed in accordance with the terms and provisions of this Agreement (the "Close of Escrow"). The Close of Escrow shall occur not later than 20 (the "Outside Date"). The Escrow Agent is further authorized to: 3.3.5.1 Pay and charge the Developer for any fees, charges, or costs payable pursuant to this Agreement. Before such payments are made, the Escrow Agent shall notify the City and the Developer of the fees, charges, and costs necessary to clear title and close the escrow; 3.3.5.2 Disburse funds and deliver any documents to the parties entitled thereto when the conditions of this escrow have been falfilled by the City and Developer; and 3.3.5.3 Record the Grant Deed and any other instruments delivered through escrow, if necessary or proper, to vest fee title in the Developer in accordance with the terms and provisions of this Agreement, and pay any transfer tax from the escrow funds required by law. 3.3.6 All funds deposited with the Escrow Agent shall be delivered by wire transfer or other certified immediately available funds, and shall be deposited by the Escrow Agent with other escrow funds of the Escrow Agent in a general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent, or by wire transfer if authorized by the Parties. 55394.00000\29008220,1 65D-1 7