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<br />EXHIBIT "C" <br /> <br />TEMPORARY LANDSCAPE EASEMENT <br />(Bristol Street Widenin2 from Pine Street to McFadden Avenue) <br /> <br />For valuable consideration, the undersigned owner hereby grants permission to the City of Santa Ana, its <br />officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as <br />City, to enter upon, to pass and repass over and along that portion of land shown on Attachment 1 <br />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 widening of Bristol Street; to <br />enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, <br />construction equipment and other materials thereon by said City and by persons under contract with it <br />and their employees, whenever and wherever necessary for the purposes herein 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 <br />any loss of or damage to any property, or injury or death of any person whomsoever, proximately <br />caused in whole or in part by negligence of City or by any act or omission for which the City is <br />liable in the exercise of the 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 <br />and shall commence with the first entry on owner's property by City's contractor. This easement shall <br />become null and void and shall terminate upon completion of said construction and in any event shall <br />cease and terminate not later than December 31, 2011. <br /> <br />Dated: JCJUbld'i 7/ Z "0 Y <br /> <br />SELLER: Bank of America, National Association, Trustee of the 7-Eleven, Inc. Employee's Trust <br /> <br />By~~.~ Date: Au6HrT 7 ,2008 <br />Richard C. Murray fI <br />Senior Vice President <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Atto ey <br /> <br /> <br />The City of Santa Ana, a charter city and <br /> <br />Municipal corporation duly organized and <br />existing under the constitution and laws of <br />The State of California <br /> <br />BY: / <br /> <br />BY: <br /> <br />Page 10 of ] 2 <br /> <br />Seller's Initials ?L m <br /> <br />25F-13 <br />