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EXHIBIT "B" <br /> <br /> TEMPORARY CONSTRUCTION EASEMENT <br />MAIN STREET AND MAC ARTHUR BOULEVARD <br /> <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, to <br />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 Main Street and MacArthur Blvd; to enter upon, to pass and repass <br />over and along said land and to deposit tools, implements, vehicles, construction equipment an other materials <br />thereon by said City and by persons under contract with it and their employees, whenever and wherever <br />necessary for the purposes set forth. <br /> <br />This permission is granted subject to the following conditions being fulfilled by City: <br /> <br />Upon completion of street widening work, all surface improvements shall be restored to the same <br />general conditions as existed prior to the beginning of said construction work. <br /> <br />. (B) <br /> <br />City shall indemnify the undersigned against and hold the undersigned harmless from any loss of <br />or damage to any property, or injury or death of any person whomsoever, proximately caused in <br />whole or in part by negligence of City or by any act or omission for which the City is liable in the <br />exercise of the rights herein granted. <br /> <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 $434.00 per month prorated to the actual date said actual use terminates. This <br />easement shall become null and void and shall terminate upon completion of said construction and in any event <br />shall cease and terminate not later than June 1, 2005. <br /> <br />Dated: <br /> <br />Owner: Santi~ma Units Investment Company, A Califomia Limited Partnership <br /> Maranden Corpbra~/oy Dav'ld~apell, President <br /> <br /> APPROVED"-AS~'FORM: <br /> <br />/JO/s~ W. Fletcher <br />cCity Attomey <br /> <br /> The City of Santa Ama, a charter city and <br /> Municipal corporation duly organized and <br /> existing under~ constitution and laws of <br /> The State o~(Cali/f rni..affff/ <br /> <br />AT]'£~TI DAVID N/. REAll <br /> <br />CL£RK OF TH£ COUNCIL <br /> <br /> <br />