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GRANTOR: 7164 JOHNSON DRIVE HOLDINes, LLC APN: 941-1311-022-1
<br />PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT
<br />for the performance of the CITY's work, to new locations that are reasonably
<br />approved in writing in advance by GRANTOR, all at CITY's sole cost and expense.
<br />B. CITY agrees upon completion of any of its works hereunder to restore, as near as
<br />possible, the surface of the TCE to the condition in which it was prior to the
<br />commencement of the work related to the proposed public improvement; and to
<br />grade the area where the Improvements were located as necessary and return
<br />such area to a good condition reasonably satisfactory to GRANTOR_
<br />D. In the event GRANTOR sells, conveys or assigns any property interest,
<br />encumbered by the Agreement prior to CITY exercising the rights grant herein,
<br />GRANTOR shall notify the successor or assigner of the rights and obligations of
<br />both parties as included herein.
<br />D. In case of unpredictable delays in construction, upon written notification by CITY,
<br />the terms of the TCE may be extended by an amendment to this Agreement.
<br />GRANTOR shall be compensated based on the fair market value at the time of the
<br />extension. Payment shall be made to the GRANTOR for the extension prior to the
<br />expiration of the original TCE period.
<br />E. CITY shall indemnify, defend and hold harmless GRANTOR from and against all
<br />claims, causes of action, damages, liabilities, injuries, actions, costs and expenses
<br />(including reasonable attorneys' fees and costs), arising from or related to CITY's
<br />use of the TCF area, exercise of CITY's rights under this Agreement, work
<br />performed in connection with the Project, or any Hazardous Material (as defined
<br />below) that is brought to, or is released, discharged, generated, used, possessed,
<br />or stored, or disposed of, at or about, or transported from, the Property by CITY.
<br />The provisions of the immediately preceding sentence shall not be applicable to
<br />the extent of GRANTOR's negligence or willful misconduct. The term "Hazardous
<br />Material" shall mean any product, substance, chemical, material or waste whose
<br />presence, nature, quantity andlor intensity of existence, use, manufacture,
<br />disposal, transportation, spill, release or effect, either by itself or in combination
<br />with other materials expected to be on the Property, is either: (a) potentially
<br />injurious to the public health, safety or welfare, the environment or the Property, or
<br />(b) regulated or monitored by any federal, state or local governmental or quasi -
<br />governmental authority, agency, department, board, panel or court under any
<br />present or future law, statute, ordinance, code, rule regulation, requirement,
<br />license, permit, certificate, judgment, decree, order or direction of any present or
<br />future governmental or quasi -governmental authority, agency, department, board,
<br />panel or court,
<br />F. Rights of ingress to and egress from the GRANTOR'S remaining property shall be
<br />maintained at all times during the construction period.
<br />5. CITY performed Work. All work done under this Agreement shall conform to all applicable
<br />building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be
<br />done in a good workmanlike manner. All structul•es, improvements or other facilities, when
<br />removed, and relocated, or reconstructed by the CITY or its authorized agent, shall be left in as
<br />good condition as found.
<br />6. Indemnification. CITY shall indemnify, defend, and hold harmless GRANTOR from and
<br />against all claims, causes of action, damages, liabilities, cost and expenses (including
<br />reasonable attorney fees and costs), arising from or related to CITY's use of the Property and
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