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<br />(4) The Agency agrees to use its best efforts to <br />seek approval during the fiscal year 2005/2006 budgetary process <br />for additional funding of the Project, as needed to provide funding <br />of the Agency Assistance. <br /> <br />(5) The Agency agrees to provide reasonable <br />assistance to the Developer in connection with obtaining the <br />Developer's construction and permanent financing, by way of <br />providing information and documents as reasonably requested by said <br />lenders. <br /> <br />(6) The Developer shall have received all approvals <br />required hereby, including those approvals required by Section 2.12 <br />hereof, and shall have received final approval of (i) any changes <br />in the General Plan or zoning, (ii) variances, (iii) special use <br />permits, (iv) site plan approvals, (v) environmental approvals, or <br />(vi) other approvals under applicable law as are required for <br />Developer's intended use of the Property as described in the Scope <br />of Development. <br /> <br />(7) The Developer shall have provided the Agency <br />with an ALTA lender's title insurance policy, or pro forma title <br />policy with a lender's title policy to be issued to the Agency upon <br />funding of the Development Loan, from a title insurance company <br />showing fee simple title in the Property in the name of the <br />Developer and subject only to such liens as may have been approved <br />by the Agency with respect to the Public Assistance or the <br />Developer's construction and or permanent financing. <br /> <br />(8) The Declaration of Affordability Covenants as <br />set forth in Section 4.05 hereof, shall have been recorded against <br />the Property in a form and manner acceptable to the Agency and <br />substantially in the same form as Exhibit "E", attached hereto. <br />The redevelopment covenants, as set forth in Section 4.06 hereof, <br />shall be included in the Grant Deed. These Declaration of <br />Affordability Covenants shall be recorded immediately after the <br />recordation of the deed of trust or other security instrument which <br />secures repayment of the Public Assistance. Immediately <br />thereafter, the Deed of Trust shall be recorded. The recordation <br />of the relevant instruments in connection with the Development Loan <br />and the Public Assistance will be undertaken by an escrow holder <br />acceptable to the Agency, and on instructions approved by the <br />Agency, in such a way as to effectuate the intent of this <br />Agreement. <br /> <br />d. The Agency shall have the right from time-to-time, <br />upon reasonable notice, to review the books and records of the <br />Project and/or the Developer regarding the finances of the Project. <br /> <br />7 <br /> <br />REDW\OO06\DOC\001-7 <br />3/29/05 3:15 /rove <br />