11 - Laserfiche WebLink

GRANTOR: 7164 JOHNSON DRIVE HOLDINGS, LLC APN: 941-1311-022-1 PROJECT: JOHNSON DRIVE ECONomic DEVELOPMENT ZONE PROJECT B. Deductions. CITY may deduct and pay from the consideration any amount necessary to satisfy any liens, bond demands and delinquent taxes that are related solely to GRANTOR's ownership of the Property or are GRANTOR's responsibility, that are due in any year except the year in which this escrow closes, together with penalties and interest, and/or delinquent and unpaid non -delinquent assessments, which may have become a lien at the close of escrow_ For the avoidance of doubt, CITY shall be solely responsible for paying any and all liens, encumbrances or other items arising from CiTY's actions or any work performed by CITY pursuant to this Agreement, and shall not deduct any amounts so paid or payable by CiTY from the consideration paid to GRANTOR. C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Revenue and Taxation Code Section 50$6 if unpaid at the close of escrow. D. Escrow and title charges. CITY agrees to pay all escrow, recording and title insurance charges, if any, incurred in this transaction. E. Clear title. Close of escrow for this transaction is contingent upon the title company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries_ If the Property is secured by a mortgages) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. F. Improvements. The consideration in Section 3.A. includes payment for the following improvements (collectively, the "Improvements"), all of which shall be removed by CITY at CITY's sole cost and expense as part of CITY's work to be performed under this Agreement: 165 sq. ft, of irrigated landscaping; 1,132 sq, ft. of lawn area; 5 medium sized bushes, 8 small sized bushes. G. Cost to Cure Darnages, N/A 4. Temporary Construction Easement. GRANTOR hereby grants to CITY a TCE for the use and storage of tools, machinery, materials and equipment by CiTY, over, across and upon that certain real property as described and depicted in Attachment 3, Exhibits A and 13 attached hereto and made a part hereof, together with the right of ingress to and egress from said real property and the right at all times to enter and use said real property and every part thereof for all purposes connected with the construction of the proposed public improvement for a period of 12 months. Said period to commence with first entry on GRANTOR's property by CITY's contractor. CITY shall provide written notice to GRANTOR at least thirty (30) days before CITY commences to perform the work described in this Agreement, such notice to include without limitation a detailed construction schedule setting forth the dates on which the work will commence and end, and any critical path items of the Work. At least 48 hours advance written notice will be given to GRANTOR before any entry on GRANTOR's property. The amount set forth in Clause 3 herein includes full payment for the TCE. A. CITY agrees to promptly restore any damage to the construction easement area and/or the parcels upon which the construction easement area is situated (and the improvements and utility lines located thereon) caused by CITY's entry upon the construction easement area or work performed in connection with the Project; and to relocate all backflows, the fre hydrant, and the monument sign for the Property that are located on or under the construction easement area as may be necessary Page 2 of 7