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JAN 2
<br />�v� A
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<br />RIGHT OF ENTRY
<br />[2016 — 2020 W. Fifth Street; 2002 W. Fifth Street;
<br />and 2006 (also known as 1922) W. Fifth Street, Santa Ana, California]
<br />N-2018-091-01
<br />The City of Santa Ana, a charter city and municipal corporation duly organized and
<br />existing under the Constitution and laws of the State of California, does hereby grant to
<br />the Orange County Transportation Authority ("OCTA") and its agents, contractors, and
<br />consultants the right to enter the properties located at 2016-2020 W. Fifth Street, 2002
<br />W. 5'h Street, and 2006 (also known as 1922) W. Fifth Street, Santa Ana, County of
<br />Orange, as shown in Exhibit A, attached hereto and incorporated herein by reference
<br />("Property"), for the following purposes:
<br />The right to enter the Property for the purpose(s) of securing and
<br />maintaining the Property, conducting environmental analysis and testing,
<br />demolishing the structures and improvements on the Property, and
<br />constructing the OC Santa Ana Streetcar Project.
<br />OCTA agrees to indemnify, 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 and property, including death, arising out of or related to OCTA's use of the
<br />Property or the entry by any OCTA party on the Property, including, without limitation,
<br />OCTA's guests, invitees, or contractors.
<br />The City has no intent to concurrently occupy or use the Property with OCTA during the
<br />term 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 OCTA, its officers, 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 and property, including death, arising out
<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 injury, 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 $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 />1375726.1
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