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EARNEST MONEY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT Penske Truck Leasing Co., L.P., a Delaware limited partnership ("Grantor"), hereby acknowledges receipt from the City of Roseville, a municipal corporation, of the sum of$1.00, as earnest money on account of the grant by the Grantor to the City of Roseville ("City"), and its successors and assigns, of a temporary construction easement on, over, under, across and through the tract of land described as follows: See Attached Exhibit A("Temporary Easement Area"). (1) The Grantor hereby grants the City the right to enter upon the Temporary Easement Area for the above purposes immediately upon execution of this agreement by the Grantor. (2) The total price for such easement shall be the sum of$17,200.00, of which $1.00 has been paid as aforesaid, and the balance shall be payable as soon as good and marketable title has been established and an easement (in the form described below) has been signed and tendered by the Grantor and recorded. The check making payment of the purchase price shall be made payable to Penske Truck Leasing Co., L.P. and encumbrancers of the Temporary Easement Area who do not waive their right to be named as a payee on said check. (3) The Grantor agrees, if requested, to promptly supply an abstract of title or registered property Certificate of Title if in Grantor's possession, showing good title in the Grantor, provided, however,the City shall pay for any continuance of the abstract or registered property report. (4) If the Temporary Easement Area is encumbered, the Grantor agrees as part of the above consideration to obtain the consent of all mortgagees and all other encumbrancers. (5) The form of the easement to be granted is attached hereto as Exhibit B(the"Temporary Easement"). The Temporary Easement shall be signed by the Grantor and consents shall be signed by all of the encumbrancers. (6) If title is not marketable and cannot be made marketable within 90 days of the date that the City signs this Earnest Money Contract, or if any mortgagee or other encumbrancer shall refuse or fail to sign a consent and subordinate its interest to the Temporary Easement,then at the option of the City,this agreement shall be null and void and the earnest money refunded. (7) This Earnest Money Contract shall not be binding on the parties unless and until it is signed by both the Grantor and the City. (8) The parties acknowledge that certain work("Project Work")will be performed on the Permanent Easement Area described in Exhibit C attached hereto ("Permanent Easement Area") and the Temporary Easement Area by the City, and its employees, contractors and agents, in connection with the Walnut Street sidewalk project ("Project"). The parties agree as follows with respect to the Project Work: 1