Agmt22 IQHQ TRS Elco Yards, Inc.

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Deed may be recorded, prior to the recordation of the Final Map, as long as the following conditions are satisfied: 3.1.1 The City Council of the City has approved the Final Map; 3.1.2 The Deed and the Final Map (among other documents including Landscape Maintenance Agreements, Stormwater Treatment Measures Maintenance Agreements, Improvements in Right-of-way, Waiver, Release and Hold Harmless Agreements, Subdivision Improvement Agreements, and Regulatory Agreement and Declaration of Restrictive Covenants) will be recorded concurrently as part of a single closing, with the Deed being recorded first and the Final Map being recorded after the Deed but on the same day; and 3.1.3 Escrow instructions relating to the recording of the Deed and the Final Map have been approved by City, and require the Escrow Holder to cause the Deed and the Final Map to be recorded in the order described above. 3.2 The Buyer or its assignee shall have consented to the recordation of a landscape maintenance agreement on the Property requiring that the Buyer or its successors in interest comply with certain maintenance obligations in perpetuity. k *Xfll1►Cel 4.1 Deposits Into Escrow. 4.1.1 At least one (1) business day prior to the Closing Date, Seller shall deposit into Escrow: (a) A quitclaim deed conveying the Property to the Designated Grantee in the form attached hereto as Exhibit B (the "Deed"); and (b) Such other closing documents or instrument as reasonably required by the Title Company or otherwise required to close Escrow and consummate the sale of the Property in accordance with this Agreement. 4.1.2 At least one (1) business day prior to the Closing Date, Buyer shall deposit into Escrow: (a) The Final Map fully executed including any required tax certificate necessary for recordation of the Final Map; (.2 (b) Funds in accordance with the provisions of Section 2!2 (c) Executed originals of the Landscape Maintenance Agreement and any public access easement documents; and (d) Such other closing documents or instrument as reasonably required by the Title Company or otherwise required to close Escrow and consummate the sale of the Property in accordance with this Agreement; REV: 04-07-2022 SK ATN/AGR.2022.085/Elco Yards (Page 4 of 14)