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, , � { 1 ; 3 . The results of any hazardous substance site assessment to be performed at Developer' s expense on the Property do not disclose evidence suggesting the presence of any hazardous materials or environmental contamination, or if present, the same shall have been approved by Developer based on such assessment . To '� the best of the Agency' s knowledge, the Agency is unaware. of the presence of any environmental contamination. As used in this Agreement, "Agency Knowledge" is defined as the actual knowledge of Susan F. Moeller. ; 4 . The Developer must have approved the , Preliminary Title Report . Section 2 . 08 . Time and Place for Deliverv of Documents to Escrow. Subject to any mutually agreed upon written extensions of time or any extensions otherwise authorized by this Agreement, the y parties shall deposit with the Escrow Agent promptly at such time ' as such documents have been fully prepared and executed, but in no event later than ten (10) calendar days, except where a different time period is specifically provided herein, before the Closing Date, any and all documents which are required in order for the Escrow to close in accordance with this Agreement. The Grant Deed shall be prepared by the Agency, at the Agency' s expense. The legal description of the Property will be provided by the Agency, and shall encompass all of the Property shown on Exhibit "A" hereto as being a part of the Project . All other documents required to be recorded in order to permit the Close of Escrow shall be prepared by the Developer at its cost and expense. Section 2 . 09. Recordation of the Grant Deed and other Documents . When the parties have deposited into the Escrow all documents and funds as required by this Agreement,:• and all conditions for the Close of Escrow have been satisfied, �the Escrow Agent shall promptly file for recordation among the land records in the Office of the County Recorder where the Property is located: (i) the Grant Deed , (ii) the Declaration of Affordability Covenants and the Declaration of Redevelopment Covenants, and (iii) this Agreement . If a deed of trust is required in connection with � the Public Assistance, the parties agree that it shall be recorded � in first position, provided that the Agency has approved the terms � thereof in the exercise of its reasonable discretion. The Esc.row Agent shall thereafter promptly provide a conformed copy of said recorded documents to both parties, shall promptly deliver to the Developer a title insurance policy in conformity with this REDW\0006\DOC\013-6 10 3/08/05 mvc