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GRANTOR: DEL-CAMP INVESTMENTS, INC., A CALIFORNIA CORPORATION APN: 054-071-170 (portion of) <br /> PROJECT PARCEL NO. 64087 <br />PROJECT: US HIGHWAY 101 / STATE ROUTE 84 (WOODSIDE ROAD) INTERCHANGE IMPROVEMENT PROJECT <br />REV: 04-09-25 LR <br />3. Temporary Construction Easement (Non-Revocable). <br />A. Permission is hereby granted to the CITY, its employees, contractors and/or its <br />designees or assignees to enter upon that certain area identified in Exhibit “A” for the <br />purpose of a temporary construction easement (TCE) where necessary with personnel, <br />vehicles and equipment. <br />B. The rights of usage of the TCE shall be for a period of 36 months. At least ten (10) <br />business days advance written notice will be given to GRANTOR before work is <br />commenced within the TCE. It is further understood that in no event shall the TCE <br />extend beyond the project construction completion or June 30, 2029, whichever is <br />earlier, except as provided in 3(C) below. <br />C. In case of unpredictable delays in construction, upon written notification by the <br />CITY, the terms of the TCE may be extended by an amendment to this Agreement. <br />D. In the event GRANTOR sells, conveys or assigns GRANTOR’s land as depicted in <br />Exhibit “A”, GRANTOR shall notify the successor or assigner of the rights and <br />obligations contained in this Agreement. GRANTOR shall indemnify and hold the CITY <br />harmless from any such claims by any third party for any compensation arising from the <br />TCE depicted in Exhibit “A” or the construction of the public improvement project. <br />4. Work Performed. <br />All work done under this Agreement shall conform to all applicable building, fire and sanitary <br />laws, ordinances, and regulations relating to such work, and shall be done in a good and <br />workmanlike manner. All structures, improvements or other facilities, when removed, and <br />relocated, or reconstructed, shall be left in as good condition as found. <br />5. Hazardous Wastes. <br />The Purchase Price reflects the fair market value of the Subject Property without the presence <br />of contamination. If the Subject Property being acquired is found to be contaminated by the <br />presence of hazardous waste which requires mitigation under Federal or State law, the CITY <br />may elect to recover its clean-up costs from those who caused or contributed to the <br />contamination. GRANTOR shall further indemnify, defend, save and hold harmless the CITY <br />from any and all claims, costs and liability, including reasonable attorney's fees, for any <br />damage, injury or death to persons or property arising directly or indirectly from or connected <br />with the existence of toxic or hazardous material on the Subject Property, save and except <br />claims, costs or litigation arising through the sole willful misconduct of the CITY, its agents or <br />employees. <br />6. Right of Possession and Use. <br />It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this <br />contract, the right of possession and use of the subject property by the CITY, including the right <br />to remove and dispose of improvements, shall commence on the date the amount of funds as <br />specified in Clause 2(A) herein are deposited into the escrow controlling this transaction. The <br />amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such <br />possession and use, including damages, if any, from said date. <br />ATTY/AGR.2025.065/DEL-CAMP (TEMPORARY CONSTRUCTION EASEMENT AGREEMENT) (Page 2 of 10)