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GRANTOR: LEISURE SPORTS,INC. APN: 941-1311-36-3 AND 941-1311-39 <br /> PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT <br /> assessments and taxes, except for any exceptions to title identified in the title report which are <br /> acceptable to CITY. It is GRANTOR's responsibility to clear any title exceptions not acceptable <br /> to CITY. The form of the Easement Deed shall be substantially as set forth in Attachment 2, <br /> including its Exhibits A (Legal Description) and B (Plat Map). <br /> 3. Purchase. <br /> A. Consideration. CITY shall pay the sum of Twenty Two Thousand Nine Hundred and <br /> no/100 Dollars ($22,900.00)to the Escrow Account as consideration for the Easement and <br /> TICE. <br /> B. Deductions. CITY may deduct and pay from the consideration any amount necessary to <br /> satisfy any liens, bond demands and delinquent taxes due in any year except the year in <br /> which this escrow closes, together with penalties and interest, and/or delinquent and unpaid <br /> non-delinquent assessments, which may have become a lien at the close of escrow. <br /> C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and <br /> paid in the manner required by Revenue and Taxation Code Section 5086 if unpaid at the <br /> close of escrow. <br /> D. Escrow and title charges. CITY agrees to pay all escrow, recording and title insurance <br /> charges, if any, incurred in this transaction. <br /> E. Clear title. Close of escrow for this transaction is contingent upon the title company <br /> receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and <br /> beneficiaries. If the Property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is <br /> responsible for payment of any demand under authority of said mortgage or deed of trust <br /> out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments <br /> of unpaid principal and interest. <br /> F. Improvements. The consideration in Section 3.A. includes payment for the following <br /> improvements: 275 sq. ft. of irrigated landscaping. <br /> G. Cost to Cure Damages. N/A <br /> 4. Temporary Construction Easement. GRANTOR hereby grants to CITY a TICE for the use <br /> and storage of tools, machinery, materials and equipment by CITY, over, across and upon that <br /> certain real property as described and depicted in Attachment 3, Exhibits A and B attached hereto <br /> and made a part hereof, together with the right of ingress to and egress from said property and <br /> the right at all times to enter and use said real property and every part thereof for all purposes <br /> connected with the construction of the proposed public improvement for a period of 12 months. <br /> Said period to commence with first entry on GRANTOR's property by CITY'S contractor. At least <br /> 48 hours advance written notice will be given before any entry on GRANTOR's property. The <br /> amount set forth in Clause 3 herein includes full payment for the TCE. <br /> A. CITY agrees to promptly restore any damage to the construction easement area <br /> and/or the parcels upon which the construction easement area is situated (and the <br /> improvements located thereon) caused by CITY's entry upon the construction <br /> easement area or work performed in connection with the Project. <br /> B. CITY agrees upon completion of any of its works hereunder to restore, as near as <br /> possible, the surface of the TICE to the condition in which it was prior to the <br /> commencement of the work related to the proposed public improvement. <br /> Page 2 of 6 <br /> 17277282.2 <br />