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DEFERRAL OF CONDITIONS OF APPROVAL <br />This Deferred Of Conditions Agreement is entered into this Day of May, 2009 by and <br />between the City of Colton, a municipal corporation ("City"), Piano Empire, Inc. a limited <br />liability corporation, and Christopher Vance, and individual and business owner (collectively <br />"Owner") <br />A. Owner represents that he holds a valid lease to certain real property more <br />commonly known as 1405 West Valley Blvd, Colton, California, and more specifically described <br />in Exhibit "A" attached hereto and incorporated herein by reference ("Property'). <br />B. On February 17, 2009, the Design Review Committee of the City approved a <br />proposal by Owner to temporarily operate a Piano Retail Store and Warehouse on Property, <br />subject to certain conditions. <br />C. One of the conditions of approval requires that Owner install improvements as <br />described in more detail in Exhibit "C" attached hereto and incorporated herein by reference <br />("Improvements"). <br />D. The City and Owner agree that improvements described as Immediate <br />Conditions in Exhibit "C" are to be constructed immediately and in accordance with the terms <br />and conditions hereafter set forth. <br />E. The City and Owner agree that the improvements described as Deferred <br />Conditions in Exhibit "C" are to be deferred in accordance with the terms and conditions <br />hereafter set forth. <br />TERMS AND CONDITIONS <br />NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants <br />contained in this Agreement the Parties agree as follows: <br />1. Improvements. <br />Owner shall construct or have constructed at his own costs, expense, and liability <br />subject to the terms of his underlying lease, the improvements described as Immediate <br />