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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 <br /> Page 3 of 7 <br />