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MWOUM"t <br />`i L lvlpulki-uZ Y CW. 6 1 j< U L'i luN L, :�. LMLiV i <br />17th STREET AND TUSTIN AVENUE <br />For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its <br />officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City, <br />to enter upon, to pass and repass over and along that portion of its land described and shown on the Exhibit <br />attached hereto and by reference made a part hereof, for the purpose of providing access and working area for <br />the construction of the street widening of 17' Street and Tustin Avenue; to enter upon, to pass and repass <br />over and along said land and to deposit tools, implements, vehicles, construction equipment an other <br />materials thereon by said City and by persons under contract with it and their employees, whenever and <br />wherever necessary for the purposes set forth. <br />This permission is granted subject to the following conditions being fulfilled by City: <br />(A) Upon completion of street widening work, all surface improvements shall be restored to the <br />same general conditions as existed prior to the beginning of said construction work. <br />(B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss <br />of or damage to any property, or injury or death of any person whomsoever, proximately <br />caused in whole or in part by negligence of City or by any act or omission for which the City <br />is liable in the exercise of the rights herein granted. <br />It is understood that the period of use of said easement shall exist for a period of no more than 6 months and <br />shall commence with the first entry on owner's property by City's contractor. In the event said actual use <br />extends beyond prescribed period of time and said use is verified through the City's contractor log, the City <br />shall pay the owner at the rate of $640.00 per month prorated to the actual date said actual use terminates. <br />This easement shall become null and void and shall terminate upon completion of said construction and in <br />any event shall cease and terminate not later than December 31, 2002. <br />Dated: "2 'k <br />Owner: The Eddie R. Fischer Trust established January 24, 1975 as restated and The Eddie R. Fischer <br />Grandchildren's Trust established December 31, 1992 <br />Eddie R. Fischer, 'trustee <br />APPROVED AS TO FORM: <br />BY . <br />,s Sandoval <br />Senior Assistant City Attorney <br />The City of Santa Ana, a charter city and <br />Municipal corporation duly organized and <br />existing under i� e constitution and laws of <br />The State,b`f CW'ifoi ma" <br />BY: <br />W <br />