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7.A. - Page 150 3.3.3 Title Policv. The Title Company is, upon payment of the Title Company's standard premium for such an insurance policy, plus any supplements or endorsements requested by Developer pursuant to Section 3.9 of this Agreement, irrevocably and unconditionally committed to issue the Title Policy to the Developer, at the Close of Escrow; 3.3.4 Consistencv Findin�. The Planning Commission of the City has determined that the disposition of the City Property to the Developer pursuant to this Agreement is consistent with the City's General Plan, in accordance with Government Code Section 65402; 3.3.5 Approvals. Approval and issuance of all final discretionary Approvals required from any Government Agency to construct, install or operate the Proj ect on the Site, and the grading permit, in each case on terms and conditions reasonably acceptable to the Developer and all appeal periods have expired (provided however that Developer understands that City will not issue a grading permit between November 18 and 28, 2013, inclusive, and between December 15 and 25, 2013, inclusive), and the Developer shall have submitted all requisite materials to obtain a building permit for the Project and City is prepared to issue building permits subject only to payment of applicable fees by Developer; 3.3.6 CEQA Documents. Final adoption, approval or certification of the CEQA Documents, if any and all appeal periods have expired; 3.3.7 City Escrow Deposits. The City deposits all of the items into the Escrow required by Section 3.6; 3.3.8 Settlement/Closin� Statement. The Developer approves the Escrow Agent's final estimated closing/settlement statement; 3.3.9 Culvert Relocation. The City has completed the relocation of the culvert off of the City Property; 3.3.10 City Parcel Map. The City has approved and recorded the Final Parcel Map for the City Property in substantial and material conformance with Exhibit A. 3.3.11 Parkin� Covenant and A�reement. The parties have executed and deposited into Escrow the Parking Covenant and Agreement in substantially the form attached hereto as Exhibit I; 3.3.12 Citv's Material Obli at� ions. The City performs all of its material obligations required to be performed by the City under this Agreement prior to the Close of Escrow; 3.3.13 License A�reement for Winslow Lot. The parties have executed and deposited into Escrow the License Agreement for Winslow Lot in substantially the form attached hereto as Exhibit J; and 3.3.14 Environmental Holdback A�reement. The parties have executed and deposited into Escrow the Environmental Holdback Agreement in substantially the form attached hereto as Exhibit K. 82483.00009\7571312.11 22 ATTY/AGR/2013.118/BLOCK 2 HUNTER STORM REV: 07-19-13 PT