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Easement Agreement - Ibarra, Cesar - 2016-07-28 t . #316 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (hereinafter "Construction Easement") is made and entered into this 28 day of 2016 by and between Cesar Ibarra, an individual, ("Grantor") and the Costa Mesa anitary District, a California sanitary district("Grantee")with reference to the following facts: RECITALS A. Grantor is the owner of certain real property located at 2043 Calvert Avenue, in the City of Costa Mesa, described in Exhibit C. B. Grantee is a sanitary district charged with operating a sewer system that includes sewer lines to collect and transport sewage for treatment. C. As part of Grantee's sewer system it operates and maintains a sewer pump station known as the Adams Pump Station, located on Adams Avenue to the rear of the real property owned by Ibarra. Occasionally the Adams Pump Station needs emergency power, and is usually serviced from Adams Avenue, necessitating traffic diversion. D. Grantee would prefer to install an underground electrical conduit across Ibarra's property making electrical power possible from Calvert Avenue, which would improve worker and driver safety. E. Grantor is desirous of providing an easement for such purposes in exchange for the consideration provided by the Grantee for this Easement Agreement. NOW, THEREFORE, in consideration of the above recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to Grantee, and to its engineers and contractors operating under its supervision and direction, a temporary construction easement to construct the appurtenances and other improvements contemplated in that Easement Agreement for the permanent improvements that will be recorded on the property. 2. The Improvements. The improvements are as are more specifically described in the permanent Easement Agreement that is to be recorded, but involves trenching for the installation of electrical conduit across the property, a reconstructed block wall, an automatic transfer switch and cabinet and a four-foot high electrical box. 3. Temporary Construction Easement Area. While the permanent improvements will occupy the easement area shown in Exhibits A and B to the permanent easement, attached hereto,the construction activity will require intrusion onto a larger area of Grantor's property for a limited time. The parties desire to set forth the terms of the temporary construction easement to provide for that construction. 4. Term. The term of this temporary construction easement shall be 30 days from Grantor's consent that Grantee can begin construction.Grantor may extend the term by providing Grantee with a writing stating that the term is extended. Grantee shall consult with Grantor on the work plan schedule and shall endeavor to sequence construction in cooperation with Grantor. 5. Compliance with all laws. Grantee shall comply with all laws in the construction, including ensuring that trenching safety rules are followed and that all work has appropriate permission by other government entities or utilities. Grantee shall provide any notices regarding lateral support to adjoining property owners if such lateral support may be affected, in accordance with Civil Code §832. 6. Hold Harmless from Mechanic's Liens. Grantee shall ensure that all laborers and suppliers are paid and shall defend and hold harmless Grantor from any mechanic's lien claims. 7. Insurance. Grantee agrees to ensure that sufficient insurance is provided for the project, including liability and worker's compensation. Grantee shall be a named additional insured on liability insurance. 8. Safety. Grantee shall ensure that persons performing said work are responsible for the safety and site condition. 9. Dust palliation. Grantee shall be responsible to ensure that the grounds are dust palliated and that nuisance conditions not be allowed to occur. 10. Soil and water removal. Grantee shall ensure that excavation soil and any water removed are disposed of in a lawful manner. 11. Restoration of the area/repair of damage. Grantee shall ensure that any damage or alteration of Grantor's property is repaired and restored to an equal or better condition. 12. Construction/Staging/Storage Area. Grantor does hereby provide Grantee and its engineers and contractors the temporary right to use the entirety of the property at 2043 Calvert Avenue, Costa Mesa, for construction, staging and storage for the construction project for the limited term hereof, subject to the reasonable accommodation of Grantor's needs. 13. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from any and all claims or liability arising from the construction occurring pursuant to this temporary construction easement. 14. Modification. This Agreement may not be modified or amended unless in writing and signed by the parties with authority to do so. GRANTOR e barra GRANTEE COSTA MESA SANITARY DISTRICT Presiden cl4X &atu Secretary