BSG MCARTHUR SUNFLOWER CENTER LLC

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N-2020-077 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL nntr.• S LICENSE AND RIGHT OF ENTRY [3500 South Bristol Street, Santa Ana, California] Itwe, SSG MCARTHUR SUNFLOWER CENTER LLC, as the legal owners ("Owner") of the properties located at 3500 South Bristol Street (Assessor Parcel Number 412-141-13), in the City of Santa Ana, o County of Orange (the "Property'), do hereby grant to the City of Santa Ana, a charter city and o municipal corporation duly organized and existing under the Constitution and laws of the State of California, and its officers, agents, employees or representatives (collectively referred to as the "City"), c the right to enter the Property and a License for the following purpose: o- Construction relating to the Bristol Street Rehabilitation project Fiscal Year 18/19, which includes at this location the reconstruction of a portion of the asphalt pavement, curb & gutter, and grass area in the Property to meet construction elevation of a new driveway approach, per attached EXHIBIT A. The City agrees to indemnify, defend, and hold harmless Owner from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to City's use of the Property or the entry by any City party on the Property, including without limitation, City's guests, invitees, or contractors. The City further agrees to repair any damage to the Property caused by the exercise of this License and Right of Entry at its sole cost and expense, and to restore the Property, with the exception of any improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by the City. The rights herein granted to the City are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior express written approval of the Owner. No right of entry to existing buildings on the Property is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than December 31, 2020, unless terminated earlier or extended by written agreement between the Owner and the City. BSG BSG MCARTHUR SUNFLOWER CENTER LLC THE CITY OF SANTA ANA A charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California. BY: K OF THE COUNCIL APPROVED AS TO FORM: -f� n Funk Assistant City Attorney