Form of Deed; Other Closing Deliveries. Upon satisfaction of the conditions in Section 3 of this Agreement, the City will convey to the Developer good and marketable title in fee simple to the Property by special warranty deed (whether one or more, the “Deed”) in substantially the form attached as Exhibit D to this Agreement. Such conveyance of title will be subject to exceptions to fee simple title to the Property which are listed as exceptions in the Title Commitment, as approved, or waived as a Title Exception by the Developer pursuant to Section 2.2 (the “Permitted Title Exceptions”). On or before the consummation of the purchase and sale of the Property (“Closing”), the City and Developer shall take such actions and deliver to the other such instruments, items, and documents as are necessary to carry out the purposes of this Agreement, including such affidavits, certificates or other documents as may be reasonably required by the Title Company to close the transactions contemplated by this Agreement and for the issuance of the Title Policy to the Developer.
