RIM PACIFIC INVESTORS PORTOFINO, LLC.

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S. City agrees to indemnify and hold harmless the grantor from any liability arising out of City's operations under this contract. City further agrees to assume responsibility for any damages proximately caused by reason of City's operations under this contract and City will, at its option, either repair or pay for such damage. 9. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the amount shown in Clause 2 above includes full payment for the Temporary Construction Easement described in section 3 above for a period of 18 months commencing upon initiation of the Work. This easement may also be terminated by the City upon written notice to the grantor.At least 48 hours advance written notice will be given before any entry on grantor's property. The right of possession and use of the subject property by the City, includes the Work described in Section 3 and shall conform to Section 13. Written notification shall be given to the owner at: Rim Pacific Investors Portofino,,LLC Attention:Jeff Harris 22982 Mill Creek Drive Laguna Hills,CA 92653 Verbal communication with the owner shall be at telephone number(949)380-0300. In the event owners need to provide written notification to City for information changes or property transfers,the owner shall notify the City in writing of such occurrence at: City of Santa Ana Attn: Executive Director of Public Works 20 Civic Center Plaza, M-36 P.O. Box 1988 Santa Ana,CA 92701 Verbal communication with City shall be at telephone number(714)647-5631. 10. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the amount shown in Section 2 above includes full payment for the right of possession and use of the Temporary Construction Easement. 11. The grantor agrees that no improvements other than those already on the Temporary Construction Easement, shall be placed thereof; and the planting of any crops,trees,or shrubs,or alterations,repair, or additions to existing improvements which may hereafter be placed thereon are at grantor's sole risk and without expectation of payment if removed by the City. 12. It is understood and agreed that in the event the grantor plans to sell, lease, or rent the grantor's property prior to the earliest of the completion of the project or the final expiration date of this Temporary Construction Easement,the grantor shall inform, in writing,any and all parties involved in said sale, lease,or rental,of this Temporary Construction Easement and associated construction project by the City. Page 2 of 4