JOHNSON CHAPEL, THE AFRICAN ESPICOPAL CHURCH

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to execute instructions not inconsistent with this agree- ment, which shall provide for closing escrow within sixty (60) days after date of this Agreement. The parties shall each pay one-half (1/2) of escrow costs, including, but not limited to, document fees, escrow fees, and recording charges. Title shall be free and clear of all encumbrances, other than easements of record. Upon delivery of a good and sufficient grant deed to Church Property I, and a good and sufficient grant deed to the City Property, along with said note mdtrust deed securing the above note in the amount of $49,022.00, Security Escrow Company shall cause such deeds and trust deed to be recorded. VII Any prorations shall be as of the close of escrow. VIII Church further covenants and agrees, which covenant shall run with the land and shall be binding upon the parties and all persons claiming under or through them, that within ninety (90) days from date of service of notice from the City to do so, Church shall remove the Church building at its own expense, together with any and all out -buildings and appur- tenances thereto, from Church Property I and comply with all applicable setback and other zoning requirements. Church hereby waives any and all damages for costs incurred in removing said improvements from the land conveyed to City. The Church also hereby waives any damage for injury to or destruction of said improvements by any means and from what- ever cause, and Church agrees to hold City harmless for all personal injury or property damage which may arise out of the location, maintenance or any other condition or event which might be related to the improvements on the property. Further, Church grants to City the right to remove said improvements if Church does not remove the same within a period of ninety (90) days from and after service of notice to do so as provided for in this agreement, and Church agrees to reimburse City forthwith for the costs of removing said improvements. NNW If and when City acquires Oxnard Property and ac- quires more of such property than is needed for street pur- poses, City agrees to sell and Church agrees to purchase, free and clear of all encubrances other than easements of record, such property for the purchase price of $9,114.00, payable in cash or- upon such terms as may be provided in the Santa Ana Municipal Code in effect on the date of trans- fer (presently codified in § 2-706.2 SAMC). The time of conveyance shall be on written demand of the Director of Public works of City subsequent to the acquisition of said property by City, if and when City acquires it; provided, however, that if City has not acquired said property prior to fifteen (15) years from the date of this Agreement, this paragraph shall become null and void. The purpose of this paragraph is to provide for the sale of the real property because, after the widening of said Bristol Street, said property will have real value only to Henry J. Oxnard or the owner of the adjoining property,which is Church Property II. This Agreement to purchase shall be binding on the assigns and successors of the Church in Church Property II. Church agrees that there shall be no obligation on the part of City to purchase the Oxnard Property, or any portion thereof, or any other property. - 3 -