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- 5 - conditions or City’s written waiver (in City’s sole discretion) of such conditions on or before the Closing Date: (a) Purchaser has deposited into the Escrow the full amount of the Purchase Price, and all other costs required by this Agreement to be paid by Purchaser. (b) Purchaser has deposited into the Escrow all documents to be submitted by Purchaser pursuant to this Agreement, all duly executed by Purchaser. (c) Applicant shall have obtained all governmental approvals and permits necessary for the work to be performed on Eden Road in accordance with Section 4 of the Public Improvement Agreement, shall have submitted bonds for the performance of the Eden Road Project or alternate security approved by the City pursuant to Section 3(a)(i) of the Public Improvement Agreement, and shall have demonstrated its readiness to commence the Eden Road Project within thirty (30) days of close of escrow. (d) Purchaser has performed all obligations to be performed by Purchaser pursuant to this Agreement before the Closing Date. (e) Purchaser's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. 5.4 Conveyance of Title. City will deliver marketable fee simple title to Purchaser at the Closing, subject only to the exceptions to title which have been approved by Purchaser. 5.5 Deliveries at Closing. (a) Deliveries by City. City shall deposit into the Escrow for delivery to Purchaser at Closing a grant deed, substantially in the form attached hereto as Exhibit C (“Grant Deed. (b) Deliveries by Purchaser. No less than one (1) business day prior to the close of escrow, Purchaser shall deposit into Escrow a signed PUE, and immediately available funds in the amount, which, together with the Deposit, is equal to: (i) the Purchase Price; (ii) the Escrow fees and recording fees; and (iii) the cost of the Title Policy. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and the PUE; (ii) disburse to City the Purchase Price; (iii) charge the Purchaser for documentary transfer taxes and governmental conveyance fees, if any; (iv) deliver to Purchaser a certified copy of the executed Grant Deed; (v) deliver to the City a certified copy of the executed PUE; (vi) pay any commissions and other expenses payable through Escrow; and (vii) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. Purchaser will pay all Escrow fees, recording fees, title insurance and title report costs, documentary transfer taxes and governmental conveyance fees, if applicable. City will not be responsible for any costs of this transaction.