BANK OF AMERICA NATIONAL ASSOCIATION IN ITS CAPACITY AS TRUSTEE OF 7-ELEVEN EMPLOYEES' TRUST-2008

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EXHIBIT "C" TEMPORARY LANDSCAPE EASEMENT Bristol Street Widening from Pine Street to McFadden Avenue) For valuable consideration, the undersigned owner 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 of land shown on Attachment 1 attached hereto and by reference made a part hereof, for the purpose of removing improvements and replacing those improvements with landscaping in connection with City's widening of Bristol Street; to enter upon, to pass and repass over and along said land and to deposit tools, implements, vehicles, construction equipment and other materials thereon by said City and by persons under contract with it and their employees, whenever and wherever necessary for the purposes herein set forth. This permission is granted subject to the following conditions being fulfilled by City: (A) Upon completion of street widening work, the Easement Area shall be improved with landscaping in compliance with City ordinances as applicable to this site. (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 6 months and shall commence with the first entry on owner's property by City's contractor. 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, 2011. Dated: !~)NGu s ; 7 p~ ~ SELLER: Bank of America, National Association, Trustee of the 7-Eleven, Inc. Employee's Trust BY~ ~ . Date: .~uGus°T 7 , 2008 Richard C. Murray Senior Vice President APPROVED AS TO FORM: The City of Santa Ana, a charter city and Joseph W. Fletcher Municipal corporation duly organized and City Atto ey existing under the constitution and laws of The State of a iforni BY: /~ " San ova gY: -c ~~U „„,_,~~ S or Assistant City Attorney Page 10 of 12 Seller's Initials