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GRANTOR: GARNET®EAR,L.P. APN: 941-1311-2 PROJECT: JOHNSON DRIVE EcoNowc DEVELOPMENT ZONE PROJECT B. Deductions. CITY may deduct and pay from the consideration any amount necessary to satisfy any liens, 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 j 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 paid in the manner required by Revenue and Taxation Code Section 5066 if unpaid at the close of escrow. D. Escrow and title charges. CITY agrees to pay all escrow, recording and title insurance charges, if any, incurred in this transaction. E. Clear 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 mortgages)or deed(s)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. improvements.The consideration in Section 3.A. includes payment for the following improvements: 2,011 sq.ft.of lawn;2 medium sized bushes;4 small sized bushes. E G. Cost to Cure Damages. N/A 4. Temporary Construction Easement. GRANTOR hereby grants to CITY a TCE for the use aril storage of tools, machinery, materials and equipment by CITY, over, across and upon that E certain real property as described and depicted in Attachment 3,Exhibits A and B attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for 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. 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. 1 i 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 located thereon) caused by CITY's entry upon the construction ' easement ares or work performed In connection with the Project. f B. CITY agrees upon completion of any of its works hereunder to restore, as near as ` possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. D. 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 terns 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 extension. Payment shall be made to the GRANTOR for the extension prior to the expiration of the original TCE period. Apt 2 o/B