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INSURANCE NOT RLuJIRE_. WORK MAY PROCEED CITY CLERK DATE: NOV 3 0 Z0Z3 0'. P W A C o) E, Taires)J"'A- LICENSE AND RIGHT OF ENTRY (1601 S Grand Ave, Santa Ana, California) N-2023-326 III, LP, This license and right of entry is dated November JQ-, 2023 for identification purposes. I/we, Fainbarg 3/4ry g Eitase—, as the legal owners("Owner") of the property located at Assessor Parcel Number 403-091-15, in the City of Santa Ana, County of Orange (the "Property"), do herebygrant The City 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 grants to City a License and Right -of -Entry for the following purpose: and replacement Construction relating to the Grand Avenue Rehabilitation Project, which includes remova of up to 10 feet of existing pavement at the NW corner of the property for construction of new driveway, see 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 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 ,Stn�nsfer, lease, pledge, or otherwise dispose of its License and Right -of -Entry without the p expresswritten appr I of the Owner. This License and Right of Entry shall expire upon completion of sa' construction work, and in any ent, no later than December 19, 2023, unless terminated earlier or extendeoby written agreement between the 0 ner and the City. CITY OF SANTA ANA Tom Hatch Interim City Manager City APPROVED AS TO FORM: Sonia R. Carvalho I City Attorney By: B se Montoya Assistant City Attorney FAINBARG III, LP (Prop ty Owner) By: Irving M. Chase, Authorized Signer RECOMMNEDED FOR APPROVAL: Nabil Saba Executive Director Public Works Ager