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Return FULLY EXECUTED N`2025-239 <br /> Copy to City Clerk, M-30 <br /> o:pWRCt) <br /> alex 6ctn9ecrnCuz) <br /> RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT <br /> Rim Pacific Investors Portofino, LLC, <br /> A California Limited Liability Coml2gU <br /> GRANTOR <br /> 1313 W. Memory Lane <br /> Santa Ana CA 92706 <br /> APN: 002-261-29 <br /> PROPERTY ADDRESS <br /> In consideration of which,and the other considerations hereinafter set forth, it is mutually agreed as follows: <br /> 1. The parties have herein set forth the whole of their agreement. The performance of this contract <br /> constitutes the entire consideration for the Temporary Construction Easement described below for the <br /> above-referenced project and shall relieve the City of Santa Ana ("City") of all further obligation or <br /> claims on account of the location, grade or construction of the proposed improvement. <br /> 2. The City shall pay the undersigned grantor(s)the sum of $6,470 for this Temporary Construction <br /> Easement. <br /> 3. Permission is hereby granted to City or its authorized agent to enter upon grantor's land where <br /> necessary, within that certain area legally described and shown in Exhibit"A"and `S"attached hereto <br /> and made a part hereof, for the purpose of work associated with removal, re-grading, and <br /> reconstruction of the area ("Work") as necessary as part of the Bristol Street and Memory Lane <br /> Intersection Improvement Project("Project"). <br /> 4. The undersigned grantor(s) warrant(s)that they are the owner(s) in fee simple of the property affected <br /> by this Temporary Easement as described in section 3 above and that they have the exclusive right to <br /> grant this Temporary Easement. <br /> 5. The parties to this contract shall, pursuant Section 21.7(a) of Title 49,Code of Federal Regulations, <br /> comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title <br /> VI and the Code of Federal Regulations is to complete the USDOT Non-Discrimination Assurance <br /> requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 <br /> C.F.R. Section 50.3. <br /> 6. Further, no person in the United States shall, on the grounds of race, color, or national origin, be <br /> excluded from participation in, be denied the benefits of, or be otherwise subjected to <br /> discrimination under any program or activity that is the subject of this contract. <br /> 7. In consideration of the City's waiver of any defects and imperfections in the record title, the <br /> undersigned grantor covenants and agrees to indemnify and hold the City harmless from any and all <br /> claims that other parties may make or assert on the title to the premises. The grantor's obligation <br /> herein to indemnify the City shall not exceed the amount paid to the Grantor under this contract. <br /> Pagel of 4 <br />