CALIFORNIA, STATE OF - JUDICIAL COUNCIL OF CALIFORNIA - 2005

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. . 6.12, Demolition and Grading, 6.12,1, By no later than one hundred twenty (120) days after SPWB's authorization of the acquisition of the Real Property pursuant to this Agreement, Buyer shall provide Seller with Buyer's specifications and requirements for the fill and grading of the Land ("Grading Specifications"), which shall be consistent with the area and elevations shown as Key Note "6" on Exhibit D attached hereto, and the requirement for compaction of fill shall be the maximum soil bearing capacity of the soil obtained from the City Parking Structure footing excavation, as determined by the City's soils engineer; and 6.12,2. By no later than thirty (30) days prior to the Close of Escrow, Seller shall, at its sole cost and expense, complete the following work in a good and workmanlike manner, and in compliance with all applicable laws: (i) Demolish and remove the existing detention facilities and related improvements located on the Land, including, but not limited to, surface improvements, footings and foundations, demolition debris, stairways, and any utility improvements or connections (which shall be stubbed to the point of connection outside the boundary line of the Land), but excluding the existing parking lot lighting fixtures shown as Key Note "4D" on Exhibit D attached hereto; and (Ii) fill and grade the Land in accordance with the Grading Specifications, subject to Buyer's reasonable approval and satisfaction. 6.13, Relocation of Transformer. Prior to the Close of Escrow, Seller shall, at its sole cost and expense, cause that certain transformer located on the Land to be moved and relocated to the area identified as "RELOCATED TRANSFORMER" on Exhibit D attached hereto. Seller shall cause such work to be completed in a good and workmanlike manner, and in compliance with all applicable laws. Seller shall not permit any lien or stop-notice to be filed against the Real Property in connection with Seller's satisfaction of its obligation pursuant to this Section 6.13. In the event that any such lien attaches to the Real Property, Seller shall take all necessary actions to remove any such liens by payment or by providing sufficient security to cause the removal of the lien. 6.14, Preservation of Existing Trees, In connection with the construction of the City Parking Structure, Seller shall use best efforts to preserve the existing trees located along the easterly boundary of Seller's Adjacent Real Property. If any of the existing trees cannot be preserved and are removed by Seller, then prior to the completion of the City Parking Structure, Seller shall replace such trees with new trees of comparable type. 6.15. Parking Security Bid. Seller shall obtain a separate line-item bid from the City Parking Contractor ("Bid") for Buyer's approval of the estimated cost of constructing the roll- down garage access gate and in-fill closure panels ("Security Elements") restricting access to, and visibility of, the State Parking Area in accordance with the schematic design for the exterior appearance of the City Parking Structure approved by Carrier Johnson pursuant to Section 6.9. If Buyer disapproves of the Bid, Seller shall use commercially reasonable efforts to revise the Bid and/or to incorporate a change order to satisfy Buyer's comments and requirements, so long as any revision or change order does not cause (i) the Bid to exceed Ninety Thousand Dollars ($90,000), or (ii) a delay in the construction schedule for the City Parking Structure. Seller shall permit Buyer to participate in any discussions or negotiations with the City Parking Contractor in connection with the foregoing. If the City Parking Contractor is unable to revise or incorporate any change order to the Bid to the satisfaction of Buyer, Seller shall be permitted to use its reasonable discretion in finalizing the Bid at no less than Ninety Thousand Dollars ($90,000), and Seller shall proceed with the construction of the City Parking Structure, including the Security Elements as described in the Bid. Page 6 (Rev.07/21fOS) 557986.11