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When recorded, please mail this
<br />Instrument and tax statements to;
<br />Clerk of the Council
<br />City of Santa Ana
<br />20 Civic Center Plaza, M-30
<br />Santa Ana, California 92701
<br />Free recording requested by
<br />THE CITY OF SANTA ANA PER
<br />OovERNNENT CODE sFcnoN 6103.
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<br />NUMBER:015.215.10
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<br />1241 W. Saint Anne Place, Santa Ana, CA 92707
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<br />TEMPORARY CONSTRUCTION EASEMENT 9k 76
<br />FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, QWAN CAPITAL, a
<br />California corporation ("GRANTOR"}, Does hereby Grant to the CITY OF SANTA ANA, a charter City
<br />and municipal; corporation duty organized under the Constitution and laws of the State of California,
<br />(the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the exclusive
<br />right, on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County
<br />of Orange, State of California, which is described on Exhibit 'C' (legal description) and depicted on
<br />Exhibit '0' (plat to accompany legal description), which are attached hereto and made a part hereof
<br />(the'"Property"), upon the terms set forth below.
<br />1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the
<br />purpose of constructing the Phase 4 of the Bristol Street Improvement Project between Warner
<br />Avenue and Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, its successors
<br />and assigns, the power to perform all activities necessary for the construction and completion of the
<br />Project, inclusive of ingress and egress, and necessary appurtenances thereto, on, over, and under
<br />GRANTOR's Property,
<br />2, Term, GRANTOR agrees that the term of the TCE shall be for a period of Eighteen
<br />(18) months, and shall commence when the CiTY issues a notice of commencement of construction
<br />to GRANTOR. Upon fling of the Notice of Completion of the PROJECT, the rights granted by this
<br />instrument shall automatically terminate and be of no further force and effect.
<br />$. Release, For valuable consideration, as set forth in the Purchase and Sale
<br />Agreement for Acquisition of Real Property and Bilateral Escrow instructions signed concurrently
<br />herewith, GRANTOR, and Its successors, transferees and assigns, and each of them, hereby forever
<br />release and fully discharge the CITY and each of its predecessors and successors, and all of their
<br />officers, directors, members, employees, agents, contractors, assignees, and representatives, from
<br />any and all claims, demands, damages, causes of action, costs, and expenses (including, without
<br />limitation, experts' and attorneys' fees), that GRANTOR now, or in the future may have, of
<br />whatsoever kind or nature, whether known or unknown, suspected or unsuspected, present or
<br />potential, foreseen or unforeseen, fixed or contingent, arising from or in any way connected with the
<br />construction or use of the PROJECT ("Claim"), including, without limitation, any Claim suffered by
<br />reason of the theories of impairment of access, inverse condemnation, property damages, loss of
<br />income and/or goodwill, and relocation assistance pursuant to Federal and/or State law and
<br />implementing regulations or otherwise. GRANTOR understands and agrees that the release
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