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hereunder thereafter. At the Closing the parties shall jointly instruct the Title Company <br /> shall take the following actions and make the following deliveries: <br /> (i) to the GRANTOR the Consideration, less any deductions authorized under this <br /> Agreement; and <br /> (ii) the Title Company shall record the Grant of Easement and the TCE, and provide <br /> copies of such recorded documents to GRANTOR and CITY. <br /> F. Improvements. The consideration in Section 3.A. includes payment for the <br /> following existing improvements located in the Easement Area: 2,182 sq. ft. of <br /> irrigated lawn; 55 sq. ft. of ground cover. <br /> 4. Temporary Construction Easement. At the Closing, GRANTOR shall grant to CITY <br /> a TCE for the use and storage of tools, machinery, materials and equipment by CITY, over, <br /> across and upon that certain real property as described and depicted in form TCE attached <br /> as Attachment 3 hereto, including Exhibits A and B attached thereto and made a part hereof, <br /> together with the right of ingress to and egress from said property and the right at all times <br /> to enter and use said real property and every part thereof for all purposes connected with <br /> the construction of the proposed public improvement for a period of 9 months. Said period <br /> to commence the earlier of(a) March 31, 2023 or(ii)the date of the first entry on GRANTOR's <br /> property by CITY'S contractor. At least 48 hours advance written notice will be given before <br /> any entry on GRANTOR's property. The amount set forth in Clause 3 herein includes full <br /> payment for the TCE. <br /> A. CITY agrees to promptly restore any damage to the construction TCE Area <br /> and Easement Area and/or the parcels upon which the construction easement <br /> area is situated(and the improvements located thereon) caused by CITY's <br /> entry upon the TCE Area and Easement Area or work performed in <br /> connection with the Project. <br /> B. CITY agrees upon completion of any of its works hereunderto restore, as <br /> near as possible, the surface of the TCE to the condition in which it was prior <br /> to the commencement of the work related to the proposed public <br /> improvement. <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 <br /> herein, GRANTOR shall notify the successor or assigner of the rights and <br /> obligations of both parties as included herein. <br /> D. In case of unpredictable delays in construction, upon written notification by <br /> CITY, the terms of the TCE may be extended for a period not to exceed three <br /> (3) months, by an amendment to this Agreement. GRANTOR shall be <br /> compensated by payment of$525.00 per month (or any portion thereof) of <br /> the extension period. Payment shall be made to the GRANTOR for the <br /> extension prior to the expiration of the original TCE period. <br /> E. CITY shall indemnify, defend and hold harmless GRANTOR from and <br /> against all claims, causes of action, damages, liabilities, injuries, actions, <br /> costs and expenses (including reasonable attorneys' fees and costs), arising <br /> from or related to CITY's use of the TCE Area, exercise of CITY's rights <br /> under this Agreement, or work performed in connection with the Project. The <br /> provisions of the immediately preceding sentence shall not be applicable to <br /> the extent of GRANTOR's gross negligence or willful misconduct. <br />