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N-2003-149 <br /> <br />TEMPORARY CONSTRUCTION EASEMENT <br /> <br />For valuable consideration, the undersigned owners hereby grants permission to the City of Santa Ana, <br />its officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to <br />as City, to enter upon, to pass and repass over and along that portion of its land described and shown <br />on the Exhibit "A" attached hereto and by reference made a part hereof, for the purpose of providing <br />access and working area for the construction of the street widening of Edinger Avenue; to enter upon, <br />to pass and repass over and along said land and to deposit tools, implements, vehicles, construction <br />equipment and other materials thereon by said City and by persons under contract with it and their <br />employees, whenever and whercver necessary for the purposes set forth. <br /> <br />This permission is granted subject to the following conditions being fulfilled by City: <br /> <br />(A) <br /> <br />Upon completion of street widening work. All surface improvements shall be <br />restored to the same general conditions as existed prior to the beginning of said <br />construction work. <br /> <br />(B) <br /> <br />City shall indemnify the undersigned against and hold the undersigned harmless <br />from any loss of or damage to any property, or injury or death of any person <br />whomsoever, proximately caused in whole or in part by negligence of City or <br />by any act or omission for which the City is liable in the exercise of the rights <br />herein granted. <br /> <br />it is understood that the period of use of said easement shall exist for a period of no more than 6 <br />months and shall commence with the first entry on owner's property by City's contractor. In the event <br />said actual use extends beyond prescribed period of time and said use is verified through the City's <br />contractor logs. The City shall pay the owner at the rate of $154.00 per month prorated to the actual <br />date said actual use terminates. This easement shall become null and void and shall terminate upon <br />completion of said construction and in any event shall cease and terminate not later than April 1, 2006 <br /> <br />Dated: <br /> <br />Owner: <br />By: <br />Title:: <br /> <br />.~E~ckson P.r~pertj~s Corporation <br /> <br />APPROVED AS TO FORM: <br /> <br />Joseph W. Fletcher <br />City Attorney <br /> <br />The City of Santa Ana a charter city and <br />municipal corporation duly organized and <br />existing under the constitution and laws of <br />the St~a!e _of California ~.~ <br /> <br /> "'PAT VCtA / ) <br /> <br /> <br />