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N- 2014 -099 <br />JUL. 3 1 2014 TEMPORARY RIGHT OF ENTRY AGREEMENT <br />C' F AW No Easement on Property <br />FOR SOUTHERN CALIFORNIA GAS COMPANY <br />This Temporary Right of Entry Agreement ( "Agreement ") is dated as of this 24th day of July 2014 and is <br />made by and between Southern California Gas Company ( "The Gas Company "), a California <br />corporation, and City of Santa Ana, ( "Owner "), the legal owner of the property identified herein. <br />The Property -The Owner is the legal owner of that certain real property located in the City of Santa <br />Ana, County of Orange, California, more specifically identified as A.P.N. 398 - 453 -06 and 398 - 453 -05 <br />(the "Property "). <br />Temporary Workspace and Work -The Gas Company requests the right to construct any and all <br />related above and below ground pipes, valves, fences and appurtenances and the right to bring and <br />store temporarily any and all necessary vehicles, materials and other construction equipment and <br />stockpile on the Temporary Workspace (all of which is hereafter referred to as "Work "). The Gas <br />Company requests the right to perform the Work within an area of approximately 12,685 square feet as <br />shown on the attached map. This area is referred to hereafter (individually and collectively) as <br />"Temporary Workspace ". See the plat map attached hereto and incorporated by reference. <br />Owner's Consent -Owner grants The Gas Company (including its subcontractors) permission to enter <br />and use the Temporary Workspace for purposes of performing the Work. Work may be conducted by <br />The Gas Company or by its subcontractors during the days and hours permitted by the local governing <br />agency or any applicable permit. If any conflict arises between Work and any other uses of the <br />Property, then The Gas Company and Owner shall work together diligently and in good faith to resolve <br />any such conflicts. <br />Payment and Time Period -After The Gas Company has received this executed Agreement, and the <br />completed IRS W9 form, The Gas Company shall pay Owner a total $2,000 for the Basic <br />Term of the Agreement, which payment shall be sent by The Gas Company's accounting department. <br />The Gas Company (including its subcontractors) shall have access to and use of the Temporary <br />Workspace from on or about August 4, 2014 to on or about September 21. 2014 where work will be <br />performed Monday- Friday from 9am -5am ( "Basic Term "). In the unlikely event The Gas Company <br />needs extra time on the Temporary Workspace, Owner agrees that The Gas Company may have <br />additional monthly periods for the sum of $2,000 per month (or portion thereof). <br />Restoration -At the completion of the Work, The Gas Company (including through its subcontractors) <br />will restore the Temporary Workspace to as near to its original condition and appearance as is <br />reasonably possible. <br />Indemnification - The Gas Company will indemnify the Owner for any liability arising out of The Gas <br />Company's (or its subcontractor's) Work or use of the Temporary Workspace, except to the extent such <br />liability is due to the Owner's negligence or willful misconduct. <br />Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to <br />the Work and The Gas Company's entry onto the Property. Any prior agreements, promises, <br />negotiations or representations not expressly set forth herein are of no force and effect. <br />Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or <br />unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and <br />effect. <br />THE —No Easement on Property <br />Reviewed by Legal Dept. Andrew Cheung 12/3112009 <br />-t - <br />