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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 <br />Page 3 or <br />