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GRANTOR: 7164 JOHNSON DRIVE HOLDINGS,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 TCE 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 and/or 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 structures, 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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