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~o)~ l0C12.j.\Ak'l.) N-2002-006 \' b. 1'1 TEMPORARY CONSTRUCTION EASEMENT HARBOR BOULEVARD AND W ARNER AVENUE D3 For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to enter upon, to pass and repass over and along that portion ofland as described on Exhibit "A" and shown on Exhibit "B" attached hereto and by reference made a part hereof, for the purpose of providing access and working area for the construction of street improvements at the intersection of W amer Avenue and Harbor Boulevard; to enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction equipment an other materials thereon by said City and by persons under contract with it and their employees, whenever and wherever necessary for the purposes set forth. This permission is granted subject to the following conditions being fulfilled by City: (A) Upon completion of street widening work, all surface improvements shall be restored to the same general conditions as existed prior to the beginning of said construction work. (B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of or damage to any property, or injury or death of any person whomsoever, proximately caused in whole or in part by negligence of City or by any act or omission for which the City is liable in the exercise of the rights herein granted. It is understood that the period of use of said easement shall exist for a period of no more than six (6) months and shall commence with the first entry on owner's property by City's contractor. In the event said actual use extends beyond prescribed period of time and said use is verified through the City's contractor log, the City shall pay the owner at the rate of $90 per month prorated to the actual date said actual use terminates. This easement shall become null and void and shall terminate upon completion of said construction and in any event shall cease and terminate not later than December 31, 2003. Dated: )i~1JJ~ Owner: By: By: By: By: APPROVED AS TO FORM: The City of Santa Ana, a charter city and Municipal corporation duly organized and existing under the constitution and laws of The State of California BY: