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} substantially in the form attached hereto as Exhibit "E" (the "Grant Deed" ) . Section 2 . 06 . Condition of Title . The title to the Property conveyed by the Agency to the Developer shall be a marketable title free and clear of encumbrances and exceptions, except for: (a) the agreements, covenants and conditions of this Agreement--�n-c�� the Grant Deed, and the Declarations of Redevelopment Covenants and Affordabilitv Covenants (b) such pre-existing easements or rights-of-way as may be disclosed by the Preliminary Title Report and approved by the Agency and the Developer, (c) real property taxes for the fiscal year in which escrow closes which constitute a lien not yet payable, (d) certain easements to be retained by the Agency, on behalf of it, the City or any utility provider, as set forth in Exhibit "F" hereto and (e) the effect of continuing litigation with respect to any parcel of the Property in an eminent domain action, if the Agency should determine to bring any such actions . Section 2 . 07 . Conditions for Close of Escrow. a. The Close of Escrow, and the Agency' s obligation to convey the Property to the Developer, are expressly conditioned upon satisfaction of or waiver by the Agency of each of the following: l . The Developer shall have executed and deposited with Escrow for recording simultaneously with the Close of Escrow, the Declaration of Affordability Covenants and the Declaration of Redevelopment Covenants as set forth in Section; 4 . 05 and Section 4 . 06 respectively. 2 . The Developer shall have received approval from the Agency the funding and financing commitments as set forth in Section 2 . 02 (c) (1) , above, regarding the Public Assistance, and the proceeds thereof shall be available to the Developer under the disbursement requirements of said documents . 3 . The Developer shall have received final approval of any required general or special plan amendment, changes in zoning, variances, special use permits, site plan approvals, environmental approvals, or other approvals under applicable law as are required for the Developer' s intended use of the Property as described in this Agreement (the "Intended Use" ) . For the purposes of this Agreement, "final approval" shall mean approval by the applicable governmental agency authorized to grant such approval and expiration of any and all appeal or challenge periods with respect to any such approval without any appeal being taken or REDW\0006\DOC\013-7 9 1\11\08 940 law