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SAY
<br />�p�plpr 31 2016
<br />C) : P Aa
<br />RICHT OF ENTRY
<br />[2016 —,9020 W, FIM Street)
<br />N-2018-091
<br />The City of Santa Ane; a charter city and munlolpal,corporstion duly organized .and
<br />existing under the Constitution and laws of the State of California,:does•hereby granfto
<br />the Orange-County,Trsnspo-t-ation.Authority,('10 A") and its agents, contractors and
<br />consultants the right to enter the properties located at 2016.2020 W, Fifth. Street, Santa
<br />Ana, County of Orange, as shown In Exhibit A, attached hereto and incorporated herein
<br />by reference ("Property'),' for the following purposes:
<br />The right to enter the Property for the putposs(s) of secudrig and
<br />maintaining the Property, conducting environmental analysis and testing,.
<br />and subsequently thereto demolishing the structures and Improvements
<br />on the property for the purpose of the construction iof the QC Santa Ana
<br />Streetcar Project,
<br />OQTA agrees to indemnity, defend, and hold harmless City, its officers, agents,
<br />representatives, employees, and volunteers from and against any, and all actions, suits,
<br />claims, demands, judgments, 'losses, expenses, or liabilities, injuries and :damages to
<br />persons end property, Including. death, arising :out, of or rolated to QCTA'a use of the
<br />Property or the entry by ony QCTA party on the Property, Including without limitation,
<br />00,' 's guests, tnvitess, or contractors.
<br />The City has no intent to concurrently occupy or use the Property with OCTA during the
<br />tprrn of this right of entry permit. However, should the City concurrently occupy or use
<br />the Property with OCTA during this time, the City agrees to Indemnify, defend, and hold
<br />harmless dCTA, its offlcers; agents; representatives; employees; and Volunteers from
<br />and against any and all actions; suits, claims, demands, judgments, losses, expenses,
<br />or liabilities, injuries and damages to :persons end property, including death, arising put
<br />of the City's sole negligence and/or willful misconduct.
<br />OCTA shall maintain commercial general liability insurance which shall include; but not
<br />be limited to, protection.against claims arising from bodily and personal In, including
<br />death resulting therefrom and damage to property, resulting From any act or occurrence
<br />arising out of their use .of the Property, including, without limitation; acts involving
<br />vehicles, The amounts of insurance shall be not less than the following: single limit
<br />coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $2,000,000 per occurrence and j$5,000,000 In
<br />the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
<br />volunteers and representatives as additional Insured(s); (b) be primary and not
<br />contributory with ,respect to insurance or self-insurance programs maintained by the
<br />City; and (c) contain standard separation of insureds provisions.
<br />The Insurance requirements of this Right of Entry may be satisfied by evidence of self=
<br />Insurance as provided to City.
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