ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (12)

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, ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL RIGHT OF WAY CONTRACT This document contains personal hrformation, and pursuant to Civil Code section 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. of the Property Interests will be relocated: the pressure reducing station, pursuant to separate agreement. 10. OCTA shall not take actual/physical possession of the Property Interests until thirty (30) day advance notice by OCTA or OCTA's contractor is given to Grantor of OCTA's taking actual/physical possession of the Property Interests. Prior to OCTA's actual/physical possession of the Property Interests, Grantor agrees to hold harmless, defend and indemnify OCTA its officers, directors, employees and agents against any and all claims including property damage or injuries resulting from the use of the areas within the Property Interests by Grantor and/or Grantor's guests, invitees, or any other person. OCTA shall not be deemed to have control of the areas within the Property Interests nor duty to maintain the areas within the Property Interests in a safe condition prior to the time OCTA or OCTA's contractor take actual/physical possession of the areas within the Property Interests. Grantor agrees to name OCTA as an additional insured under its current insurance policy. Grantor further agrees to notify OCTA in writing within thirty (30) days of any potential claim relating to the areas within the Property Interests prior to OCTA taking actual/physical possession of the areas within the Property Interests. 11. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A) includes, but is not limited to, payment for any and all past, present, and/or future damages, which have accrued or may accrue to Grantor's remaining property by reason of its severance from the Property Interests conveyed herein and/or the construction and use of the proposed Project, including, but not limited to, any expense which Grantor may incur in restoring the utility of the remaining property. This release is not intended to extend to unanticipated physical damage caused by construction. 12. The Temporary Construction Easement ("TCE") shall be for a period of sixty (60) months ("TCE Term"). The TCE Term shall commence upon the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. Grantor shall be provided at least thirty (30) days written notice prior to commencement of work within the Temporary Construction Easement area. Grantor agrees to keep the Temporary Construction Easement area free and clear of all materials, shrubbery, crops, improvements and debris during the TCE Term. Grantor further agrees that cost of removal of any materials, shrubbery, crops, improvements or debris that are installed during the TCE Term shall be the sole responsibility of Grantor. 13. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the Property Interests by OCTA, including the right to remove and dispose of improvements within the Property Interests, shall commence on the date the amount of funds as specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 14. Any notice either party may or is required to give the other shall be in writing and shall be either personally delivered or sent by registered or certified mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time the notice is delivered to the following addresses: To Grantor: The City of Santa Ana 1477543.1