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Item 19 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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Item 19 - Warner Avenue Street Improvements (Oak Street to Grand Avenue)
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4/9/2024 3:23:48 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
19
Date
7/6/2021
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County, California) a termination of this Temporary Construction Easement Agreement in form and <br />content reasonably acceptable to Grantor to confirm such termination. <br />City shall keep the Temporary Easement Area and Grantor's adjacent property free from any and all <br />liens arising out of any work performed by City or its contractors or employees on the property adjacent <br />to the Easement Area or otherwise. <br />Upon completion of City's use of the Temporary Easement Area pursuant to this Temporary <br />Construction Easement Agreement, the City shall, prior to expiration of the temporary easement granted <br />herein and at City's expense, remove all debris and restore the Temporary Easement Area to a <br />condition equivalent to or better than that which existed prior to such disturbance. <br />City shall defend, indemnify and hold Grantor harmless for, from and against any and all claims, <br />demands, losses, damages, expenses and liabilities, including personal injury and for any damage to or <br />loss or destruction of property, suffered by Grantor, its tenants, employees and invitees, arising out of or <br />resulting from use, maintenance, repair or restoration of the Temporary Easement Area by City, its <br />officers, employees, agents or contractors; provided however, that Grantor shall not be entitled to such <br />indemnification for damage caused to Grantor or any third party by reason of the sole negligence or <br />misconduct of Grantor or damage caused by the concurrent negligence of Grantor to the extent of such <br />concurrent negligence. City's obligations under this paragraph shall survive the expiration or other <br />termination of this Temporary Construction Easement Agreement. <br />The temporary easement granted hereby is subject to all prior easements and encumbrances of record. <br />The temporary easement granted hereby shall be non-exclusive and Grantor reserves the right to grant <br />other easement rights in and to the Temporary Easement Area; provided that such easement rights shall <br />not unreasonably interfere with the easement rights granted herein. <br />IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement <br />Agreement to be executed as of this day of 12021. <br />Dated : G ` lq Z 6?, <br />r <br />r v <br />Name: i�a��'e i 19 !b <br />NJ <br />Its V /Ac," <br />110933392.4 0060972-00016 <br />
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