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<br />Attachment "2" <br /> <br />TEMPORARY LANDSCAPE EASEMENT <br />Fairview and MacArthur Intersection Project <br /> <br />For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its <br />officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, to <br />enter upon, to pass and repass over and along that portion of land as described on Exhibit "A" and shown on <br />Exhibit "B" attached hereto and by reference made a part hereof, for the purpose of removing improvements and <br />replacing those improvements with landscaping in connection with City's Fairview and MacArthur Intersection <br />Improvement Project; to enter upon, to pass and repass over and along said land and to deposit tools, <br />implements, vehicles, construction equipment and other materials thereon by said City and by persons under <br />contract with it and their employees, whenever and wherever necessary for the purposes set forth. <br /> <br />This permission is granted subject to the following conditions being fulfilled by City: <br /> <br />(A) Upon completion of street widening work, the Easement Area shall be improved with <br />landscaping in compliance with City ordinances as applicable to this site. <br /> <br />(B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss of <br />or damage to any property, or injury or death of any person whomsoever, proximately caused in <br />whole or in part by negligence of City or by any act or omission for which the City is liable in the <br />exercise ofthe rights 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 months and <br />shall commence with the first entry on owner's property by City's contractor. In the event said actual use <br />extends beyond prescribed period of time and said use is verified through the City's contractor log, the City <br />shall pay the owner at the rate of $539 per month prorated to the actual date said actual use terminates. This <br />easement shall become null and void and shall terminate upon completion of said construction and in any event <br />shall cease and terminate not later than December 31, 2008. <br /> <br />Dated: <br /> <br />q /2-)':' (9!. <br /> <br />For: Calvary Chapel of Costa Mesa, Inc. <br /> <br />By: ~. ~"'''' 0' M.UaGA' <br />Title: '-'o/'~-=-~, I,+,-Lj ~""~~ ~ <br /> <br />APPROVED AS TO FORM: <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 State of California <br /> <br /> <br />BY: <br /> <br />BY <br />Ass stant City Attorney <br /> <br />9 <br />