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(ii) f irm and fully executed commitments for construction f inancing and sufficient equity capital, all as may be necessary for the development and construction of the Project on the Property in accordance with this Agreement, and (iii) a firm construction contract reasonably acceptable by the Agency. In lieu of (i) and (ii) above, the Developer may submit evidence to the Agency reasonably satisfactory to the Agency in its sole discretion that the Developer has or will have sufficient funds of its own for the purposes set forth in this Section. Agency acknowledges that the Developer intends on raising suf f icient funds and capital needed to complete the Project through community donations of materials, funds, and labor. (2) The Agency agrees to use its best efforts to seek approval during the fiscal year 2005/2006 budgetary process for additional funding of the Proj ect, as needed to provide funding of the Agency Assistance. (3) The Agency agrees to provide reasonable assistance to the Developer in connection with obtaining the Developer' s construction and permanent financing, by way of providing information and documents as reasonably requested by said lenders. (4) The Developer shall have received all approvals required hereby, including those approvals required by Section 2 .12 hereof, and shall have received final approval of (i) any changes in the General Plan or zoning, (ii) variances, (iii) special use permits, (iv) site plan approvals, (v) environmental approvals, or (vi) other approvals under applicable law as are required for Developer' s intended use of the Property as described in the Scope of Development . (5) The Developer shall have provided the Agency with an ALTA lender' s title insurance policy, or preliminary title commitment with a lender' s title policy to be issued to the Agency upon funding of the Development Grant, from a title insurance company showing fee simple title in the Property :in the name of the Developer and subject only to such liens as may have been approved by the Agency with respect to the Public Assistance or the Developer' s construction and or permanent financing. (6) The Declaration of Affordability Covenants as set forth in Section 4 . 05 hereof, and the Declaration of Redevelopment Covenants, as set forth in Section 4 . 06 hereof, shall have been recorded against the Property in a form and manner acceptable to the Agency and in substantially the same form as attached hereto as Exhibit "C" and "D" , respectively. These two REDW\0006\DOC\013-7 5 1\11\08 940 law