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ooco Togc rr, u,t turnsJbnu liues awl conntuitics <br />Ocrober 27,2020 <br />CITY OF SANTAANA <br />Planning & Building Agency <br />Building Safety Division <br />Attn: Jason Kwak, Building Safety Manager <br />20 Civic Center Plaza, Ross Ann ex, M-20 <br />Santa Ana, C4927 02 <br />Project; Legacy Square Apartments <br />PreviousAddress: 609 N. Spurgeon and 317-319 E. Santa Ana Blvd. <br />New Approved Address: 301 E. Santa Ana Blvd. <br />Re: Agreement to Hold Harmless (Right of Way Improvements) <br />Byt National C mmunity Renaissance of California, <br />its sole m e anager <br />By, <br />Name:Mrc.ha <br />Title: e <br />9421 Haven Avenue <br />Rancho Cucamonga, CA 91730 <br />4974351.1 - I.JtR772.t <br />z,t +_I hrn <br />Dear Mr. Kwak: <br />This letter confirms that Legary Square, LP. ("Owner"J is the developer ofthe Legacy <br />Square Apartments project/site referenced above ["Project"). <br />As we discussed regarding the demolition plans for the Project, Owner will be demolishing <br />certain basements at the Project site near the adjacent sidewalks and other improvements <br />existing within the public right of way of the City of Santa Ana ("City"). <br />Owner agrees to and shall indemnifo, defend and hold the City, its officials, officers, <br />employees, and agents free and harmless from any and all liability, loss or damage done to <br />the adjacent sidewalks and other improvements existing within the public right of way in <br />any manner due by reason of the acts, omissions, negligent or willful misconduct of 0wner, <br />its officers, employees, or agents, including all liability which arises from Owner's negligent <br />performance of or failure to perform this demolition work at the Project. The only <br />exception to Owner's obligations hereunder shall be for liabilities, losses or damages <br />caused by the sole negligence, sole willful misconduct or sole active negligence ofthe City. <br />Regards, <br />Legacy Square, L.P. <br />By, NCRC Legacy MGP, LLC, <br />its Managing General Partner