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GRANTOR: PAC=BELL TEUEPHOKF COMPANY APW- 94143Q04?Am 9414 3W18 Paoaccr: Jammer DRIM HcoNwnc DV EtoPMenr ZOW PST A. CITY agrees to promptly restore any damage to the TCE Area and/or the parr..ets upon which the TCE Area is situated (and the improvements located thereon) caused by CITY's entry upon the TCE Area or work performed In connection with { the Project. R 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 pudic improvement. C. In the event GRANTOR setts, conveys or assigns any property interest encumbered by the TCE Agreement prior to CITY exercising the rights granted herein, GRANTOR shall nobly the successor or assigns of the rights and obligations of both parties as inckded herein. D. In case of unpredictable duets in construction, upon written notification by CITY, the term of the TCE Agreement may be extended by an amendment to the TCE Agreement. GRANTOR shalt be compensated based on the fair market value at the time of the extension. Payment"be made to GRANTOR for the extension prior to the expiration of the original TCE pend. E. CITY shall Indemnity, defend and holo harmless GRANTOR from and against al clams,causes of actiort,damages,liabilities,injuries,actions,costs and expenses (including reasonable attorneys'fees and crusts),arising from or related to CITY's use of the TCE area,exercise of CITrs rim under the TCE Agreement or work performed in connection with the Projekt. The provisions of the Immediately preceding sentence shall not be applicable to the extent of GRANTOR's sole negligence or wWW misconduct. F. Rights of Ingress to and agrees from the GRANTOR's remaining property shalt be maintained at aM times during all phases of the construction period in accordance with the Street Improve rent Plan approved by GRANTOR attached herd as Attachment 5. Specifically, In Phase la, prior to commencing any construction work on the GRANTOR'S Property, CITY shell construct 07 a temporary driveway at the south end of the existing parking lot and (1)a temporary pastcing lot on the parcel adjacent to GRANTOR'S Property to ensure vehicle access and egress. Thereafter, during Phase 1b, CITY shag remove the temporary driveway and construct the final landscaping and parking. In Phase 2, CITY shall create an opening in the northerly fence to allow ams fun tam vehicles to the secured portion of GRANTOR'S Property and will construct the northern parllon of the final parking Improvements. CITY shall, or cause Its contractors to, implement, construct and perform all obligations under the Street Improvement Plan at CITY's sole expense. CITY shaall use its best efforts not to interfi re with GRANTOR's operations on GRANTOR'S ryernakiing property during to term or the TCE .Agreement and the duration of the Project. G. During all phases of construction of the Project,CITY shall post temporary 23 males per hour speed limit signs on northbound and southbound Johnson Drive in a conspicuous location and shatI Implement a Traffic Control Plan for the Project, which CITY shall ensure is followed by its employees and contractors during the term of the TCE Agreement and the duration of the ProjecL S. CITY Performed Work. AN work done under this Agreement and the TCE Agreement shall be pert med by CITY at CITY's sole cost and shall conform to all applicable building, fire and P"030rr