HANALEI HOMEOWNERS ASSOCIATION, INC.

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ti I^ ; iAi QUIRFU w,. IFIOCE171 N-2021-042 p PW (o1(Scnn"h�omas) * LICENSE AND RIGHT OF ENTRY [Na Pall Drive Private Street, Santa Ana, California) I/we, HANALEI HOMEOWNERS ASSOCIATION MC, as the legal owners ("Owner") of the property known as West Na Pali Drive (private street) (Assessor Parcel Number 188-062-49), in the City of Santa Ana, County of Orange (the "Property"), do hereby grant The Clty of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and the laws of the State of California (collectively referred to as the "City"), the right to enter the Property and hereby grant to City a License and Right -of -Entry for the following purpose: Reconstruct the curb ramp, curb and gutter, cross gutter, sidewalk and Install truncated dome for the Euclid Street Rehabilitation from South City Limit to McFadden Avenue Project Fiscal Year 19/20, perthe attached EXHIBITA. 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 Clty'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. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than December 31, 2021, unless terminated earlier or extended by written agreement between the Owner and the City. CITY ANA YOOFFSSSAANTA Kristine Ridge HANALr1 HOMEOWN:E S-NSS0TC ATION, INC City Manager Property Owner ATTEST: 8 Daisy Gomez Clerk of Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: W= 'M, -f.L J n M. Funk Assistant City Attorney