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Upon delivery of the Grant Deed or Grant Deeds to the Escrow Agent by Agency pursuant to Section 404 of this Agreement and the fulfillment by Shea of its obligations under the Escrow, the Escrow Agent shall record such Grant Deed or Grant Deeds when title to the Acquisition Parcels, or any of them can be vested in Shea in accordance with the terms and provisions of this Agreement, and the Title Company is committed to issuing the title policy. Agency and Shea shall each deposit in Escrow such instruments as are reasonably required by the Escrow Agent or otherwise required to close the Escrow and consummate the pumhase of all of the Acquisition Parcels in accordance with this Agreement. {}402 Conditions Precedent to Close of Escrow The following conditions shall have been fulfilled, or waived by Shea in writing not later than thirty (30) days prior to the scheduled date for close of Escrow for an Acquisition Parcel: A. Shea shall have approved the condition of title for the Acquisition Parcel pursuant to Section 313. B. The Project Approvals and all other Agency or City discretionary approvals for the Shea Project shall have been issued, all requirements of CEQA shall have been complied with, and all time periods for appeal or legal statutes of limitation for challenging the same shall have expired, on terms and conditions approved by Shea. C. Agency shall have relocated all occupants of the Acquisition Parcel in accordance with all legal requirements pursuant to the phasing of the Shea Project described in Attachment 4 and in accordance with the Schedule of Performance. D. Shea shall have obtained the commitment from the Title Company to issue the title policy(ies) described in Section 314 above, together with such endorsements and co-insurance or reinsurance as may be required by Shea or its lenders or partners, in an amount equal to Agency's Total Acquisition Costs for the Acquisition Parcel. E. Sh~a shall have obtained from its lender or other financial sources firm commitments for financing or provide other evidence of sufficient funding to construct the Shea Project and all infraslxucture improvements therefor or portions thereof related to the Acquisition Parcel in an amount and on terms and conditions acceptable to Shea in Shea's sole and absolute discretion. F. Shea shall have obtained all necessary permits and approvals from third party jurisdictions necessary to construct the Shea Project, including, without limitation, adequate sewer and water for the Acquisition Parcels, or shall have obtained evidence satisfactory to Agency and Shea of Shea's ability to obtain such permits and approvals. G. All rights of way related to the Acquisition Parcel shall have been abandoned_by the City where such is contemplated by this Agreement. H. Agency shall have timely tendered conveyance of title or possession of the Acquisition Parcel on the terms and conditions set forth in this Agreement. 20 wc-21875