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.Nhen recorded, please mail this
<br />nslrument and tax statements to:
<br />:lerk of the Council
<br />'.ity of Santa Ana
<br />> -0 Civic Center Plaza, M -36
<br />Santa Ana, California 92701
<br />-ree recording requested by
<br />rHE CITY OF SANTA ANA PER GOVERNMENT CODE
<br />SECTION 6103
<br />SPACE ABOVE THIS LINE FOR RECORDER'S USE
<br />:ANGEL
<br />AGENCY(IES)
<br />APPROVED BY
<br />DESCRIPTION
<br />DESCRIPTION
<br />A.P.
<br />RIWMAP
<br />PROJECT
<br />(AXES
<br />PUBLIC WORKS
<br />DIRECTOR
<br />WRITTEN BY
<br />CHECKED -O.K.
<br />NUMBER
<br />NUMBER
<br />NUMBER
<br />042 - 071 -03 & 05
<br />Portion of 1766 E. McFadden Avenue & 1261 S. Lyon Street, Santa Ana, CA
<br />TEMPORARY CONSTRUCTION EASEMENT DEED
<br />FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
<br />MULLER- MCFADDEN LLC, a California limited liability company, and MULLER- MCFADDEN 2 LLC, a California
<br />limited liability company, as tenants in common (formerly known as Muller -Rock 1 LLC, a California limited
<br />liability company who acquired title as Muller- Rock -1 LLC, a California limited liability company)
<br />Does Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws
<br />of the State of California, , a temporary easement for purposes Incidental to construct the proposed improvements to 1766 E. McFadden
<br />Avenue & 1261 S. Lyon Street, in, on, over and across that certain real property in the City of Santa Ana, County of Orange, State of
<br />California, as described and depicted on "Temporary Construction Exhibits 'A-1" and "B ", which is attached hereto by reference and made a
<br />part hereof.
<br />This permission is granted subject to the following conditions being fulfilled by City:
<br />1. Permission to Enter on Premises. City shall not use any easement herein in a manner which unreasonably interferes with
<br />the undersigned grantors' use or enjoyment of its property (the "Owner Parcel "). City shall exercise its rights under this Temporary
<br />Construction Easement Deed, from time to time, in such a way as to minimize disruption to the Owner Parcel, including, without
<br />limitation, the business operations conducted thereon. Without limiting the generality of the foregoing, City shall, from time to time,
<br />(i) consult in good faith with the undersigned grantors, upon the undersigned grantors' request, regarding the manner in which City
<br />intends to exercise, presently is exercising, or has exercised such rights; and (ii) take such steps as the undersigned grantors may
<br />reasonably require, from time to time, to minimize any such disruption.
<br />2. Following the commencement of any work, City shall diligently pursue such work to completion, subject to events of force
<br />majeure which are beyond the reasonable control of City. All such work shall be at City's sole cost and expense and shall be
<br />undertaken and completed in a good and workmanlike manner, in compliance with all governmental statutes, ordinances, rules and
<br />regulations pertaining thereto. Any damage occurring to any portion of the Owner Parcel, as a result of the work shall be promptly
<br />repaired, at City's sole cost and expense, to the same condition as existed immediately prior to such damage. City shall give the
<br />undersigned grantors written notice of the intended commencement date of construction at least five (5) days prior to such intended
<br />commencement date.
<br />3. The undersigned grantors may build, erect, construct, or otherwise place any buildings, structures, or other improvements,
<br />whether permanent or temporary (collectively, "Grantor Improvements "), on any part of the Temporary Construction Area, provided,
<br />however, that such Grantor Improvements shall, at all times in no event affect or otherwise interfere with the easements granted
<br />herein; provided further, that each of the undersigned grantors hereby reserves to itself, its successors and assigns, the right to
<br />grant other easements over, upon, along, through, across, above, and under the Temporary Construction Area so long as such
<br />other easements do not damage, destroy, or otherwise harm the Temporary Construction Area or prohibit or prevent any of the
<br />purposes of the easements or restrict or adversely impair the ability of City to fulfill any of the purposes of the easements.
<br />4. City agrees to cause (i) the undersigned grantors to be added as an additional insured to any policy of liability insurance that
<br />may be carried by or at the request of City, from time to time, in connection with the work described herein, and (ii) cause a
<br />certificate of insurance for any such policy, together with an endorsement thereto evidencing the addition of the undersigned
<br />grantors as an additional insured, to be delivered to the undersigned grantors promptly following the issuance of any such policy.
<br />5. City shall conduct its work so as to cause no mechanic's, materialman's or other lien or claims of any kind (collectively,
<br />"Liens ") to be recorded or filed against the Owner Parcel. If any such Lien shall be recorded or filed against the Owner Parcel, then
<br />City shall, within five (5) business days of the undersigned grantors' written request, cause such Lien to be removed from the Owner
<br />Parcel. If City shall fail to remove any such Lien within ten (10) business days of any such written request, then the undersigned
<br />grantors may, but shall, not be required, to remove such Lien itself, in which case City shall reimburse the undersigned grantors for
<br />the undersigned grantors' reasonable costs and expenses incurred in doing so promptly upon the undersigned grantors' written
<br />demand upon City for such reimbursement.
<br />6. City hereby indemnifies and holds harmless each of the undersigned grantors and its agents, tenants, contractors, guests,
<br />licensees and invitees, and its successors and assigns, against and from any and all claims, liabilities, damages, fines, penalties or
<br />costs of whatsoever nature (including reasonable attorneys' fees), and whether by reason of death of or injury to any person or loss
<br />of or damage to any property or otherwise, arising out of or in any way connected with City's use of the Temporary Construction
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