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201803290406.021 <br /> 16 7 Condition of Title and Property. <br /> 16 7 1 Title In connection with the City's acquisition of the Property <br /> hereunder, Escrow Agent shall be unconditionally committed to issue to the City a <br /> standard coverage owner's policy of title insurance for the Property, insuring title in the <br /> name of the City in a coverage amount equal to the appraised value of the Property by the <br /> City's MAI appraiser,subject only to(i)the exceptions and encumbrances of record when <br /> the Property was conveyed to Developer from the City,and(ii) such other title matters as <br /> may be approved or waived by the City in its sole discretion (the "Approved Title <br /> Matters"). Developer shall pay the premium for this standard coverage owner's policy <br /> If the City desires to obtain an extended coverage owner's policy of title insurance, the <br /> City shall pay all additional costs relating thereto and satisfy all conditions in connection <br /> therewith, including, but not limited to, increased title insurance premiums and any <br /> survey costs <br /> 16 7 2 Property On the Closing Date,the condition of the Property shall <br /> be substantially the same as when the Property was conveyed to Developer, including <br /> without limitation that the Property must not contain any Hazardous Substances other <br /> than those already present when the Property was conveyed to Developer As used herein, <br /> "Hazardous Substances" shall mean asbestos (whether or not friable), petroleum and <br /> petroleum derivatives and products,and any substance,chemical,waste or other material <br /> which is listed, defined or otherwise identified as "hazardous" or "toxic" under any <br /> federal,state or local ordinance or law or any administrative agency rule or determination <br /> 16 8 Escrow <br /> 16 8 1 Escrow. Closing of the reconveyance of the Property to the City <br /> shall be consummated through an escrow established with the Escrow Agent in <br /> accordance with the provisions of this Section 16 8 on the date designated in the Option <br /> Exercise Notice <br /> 16 8 2 Escrow Instructions This Section 16 shall constitute joint <br /> instructions to Escrow Agent The parties agree to execute and deliver to the Escrow <br /> Agent reasonable and customary additional escrow instructions in the usual form to <br /> Escrow Agent for the purpose of consummating the purchase and sale contemplated <br /> hereunder, provided, however, that standard extension provisions in such escrow <br /> instructions shall not apply, and provided, further, that in the event of any conflict <br /> between this Covenant and any escrow instructions,the provisions of this Section 16 shall <br /> control Escrow Agent shall perform all customary functions of art Escrow Agent to <br /> consummate this transaction required by this Section 16, as well as serving as depository <br /> for all funds, instruments,and documents needed for th sing <br /> / 3 <br />