MULLER-ROCK-1 LLC - 2010 - Laserfiche WebLink

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Area, except to the extent resulting from the gross negligence or willful misconduct of the undersigned grantors, and /or its agents, tenants, and contractors. 7. If the provisions of this Temporary Construction Easement Deed shall for any reason be held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the validity of the other provisions of this Temporary Construction Easement Deed shall in no way be affected thereby. If any action shall be commenced to enforce the terms of this Temporary Construction Easement Deed or to declare the rights of the parties hereunder, the prevailing party shall be entitled to recover all of its costs and expenses (including, but not limited to, its reasonable attorneys' and other consultants' costs and fees) from the nonprevailing party. This Temporary Construction Easement Deed is not made for the benefit of any third party, other than the indemnified parties described herein, and no other third party is entitled to enforce any provision hereof. Nothing contained in this Temporary Construction Easement Deed, nor shall any acts of the parties hereto, be deemed or construed to create any relationship of principal and agent, or of partnership, or of joint venture, or of any association between such parties. This Temporary Construction Easement Deed shall inure to the benefit of, and be binding upon, the undersigned grantors and their respective successors in Interest. City may not assign this Temporary Construction Easement Deed to any party without the undersigned grantors' prior written consent. Nothing contained in this Temporary Construction Easement Deed shall be deemed to be a gift or dedication of any portion of property owned by the undersigned grantors to the general public or for any purpose whatsoever. Nothing herein contained, express or implied, shall confer upon any other person any rights or remedies under or by reason of this Temporary Construction Easement Deed, Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: Remove one mature tree (Ritchey Street) ii. Protect -in -place tenant signage (Burger King) (B) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: Landscaping (McFadden Avenue) 9. During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one -half of a driveway approach at a time may be required. At no time, the contractor shall block access to the business during construction. It is understood that the period of use of said easement shall exist for a period of no more than 12 months and shall commence with the first entry of owner's property by City's contractor. In the event' that actual use extends beyond 12- months, and said use is verified through the City's /State contractor log, the City shall pay the owner at the rate of $104.58 per month prorated to the actual date said use terminates. This easement shall terminate upon completion of said construction and in any event shall cease and terminate not later than August, 2011. Date: ,2010 MULLER - MCFADDEN LLC, a California limited liability company By. — Name: on Muller Its: Man STATE OF CALIF gJ�NIA �y )ss. COUNTY OF (Y�L G(//CyL MULLER- MCFADDEN 2 LLC, a California limited liability company (formerly known as Muller -Rock 1 LLC By:'� Name: J n . Muller Its: Man 11 On L- ! `7 ,2010, before me, �"7'�/�✓/ /NCl�i kV )7i4� t 6464 sonally appeared 4/a IGLU who proved to me on the basis of satisfactory evidence to be the person j whose name( ?6si -4 subscribed to the within instrument and acknowledged to me that helsheAkey executed the same In his /he(Ah it authorized capacity S), and that by his /heFAheir signature(g on the instrument the person() or the entity upon behalf of which the person(s� acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr Lyto WGRAM commiow" 0 11111111401 Notay Public - calNornh Ortanpo county MW Signature comet. Ex irq r 1 2011 i IGNATURE OF NOTA PUBLIC PLACE NOTARY SEAL ABOVE