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GRANTOR: VALLEY BIBLE CHURCH APN: 941.1311-35-2 PROJECT: JoNNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT B. Deed rctions. CITY may deduct and pay from the consideration any amount necessary to satisfy any Bens, bond demands and delinquent taxes due in any year except the year in which this escrow closes,together with penalties and interest, and/or delinquent and unpaid non-delinquent assessments,which may have become a lien at the close of escrow. C. Current taxes. Taxes for the tax year in which this escrow closes shall be cleared and j paid in the manner required by Revenue and Taxation Code Section 5086 if unpaid at the close of escrow. D. Escrow and title cttatnes. CITY agrees to pay all escrow, recording and title insurance charges, if any, incurred in this transaction. E. Cesar title. Close of escrow for this transaction is contingent upon the title company { receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and ! beneficiaries. If the Property Is secured by a mortgage(*)or deed(*)of trust,GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR's proceeds. Such amounts may include, but not be limited to, payments ! of unpaid principal and interest. F. ImThe consideration in Section 3.A. includes CITY payment for the following improvements: 1,364 sq.ft.of irrigated landscaping; 374 sq.ft. of concrete paving. G. Cost to Cures Darngges. N/A 4. Temporary Construction Easement. GRANTOR hereby grants to CITY a TCE for the use and storage of tools, machinery, materials and equipment by CITY, over, areas and upon that certain real property ars described and depicted in Attachment 3, Exhibits A and B attached hereto and made a pant hereof, together with the rpt of Ingress to and egress from sold property and the right at aff times to enter and use said real property and every part thereof fear all purposes connected with the construction of the proposed public improvement for a period of 12 months. Said period to commence with first entry on GRANTOR's property by CITY'S contractor. The i CITY agrees that the Property will not be used as a staging area for the Project and that tools, machinery,materials, and equipment will rot be stored on the Property dining non-work hours. At least 48 hours advance written notice will be given before any entry.on GRANTOR's property. The amount set forth In Clause 3 herein includes full payment for the TCE. A. CITY agrees to promptly restore any damage to the construction easement area and/or the parcels upon which the construction easement area is situated(and the improvements locked thereon) caused by CITY's entry upon the construction t easement area or work performed in connection with the Project. B. CITY aarees upon completion of any of its works hereunder to restore,as near all possible, the surface of the TCE to the condition in which d was prior to the j commencenvot of the work related to the proposed public improvement. C.. In the event GRANTOR sells, conveys or assigns any property interest, encumbered by the Agreement prior to CITY exercising the rights grant herein, GRANTOR shall notify the successor or assigner of the rights and obligations of both parties as included herein. D. in case of unpredictable delays in construction, upon written notification by CITY, the terms of the TCE may be extended by an amendment to this Agreement. GRANTOR shall be compensated based on the fair market value at the time of the Page 2 016