B&R BIRCHLER INVESTMENT CORPORATION

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INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: NOV 3 0 2023 D•. co Ce. LICENSE AND RIGHT OF ENTITY 11502 E Edinger Ave, Santa Ana, California N-2023-327 This license and right of entry Is dated November LL 2023 for Identification purposes. I/we, B&R Birchler Investment Corporation, as the legal owners ("Owner") of the property located at Assessor Parcel Number 403- 091.04, in the City of Santa Ana, County of Orange (the "Property"), do hereby grant 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: Construction relating to the Grand Avenue Rehabilitation Project, which includes removal of up to 10 feet of existing pavement at the SW corner of the property for construction of new driveway, see 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 tc 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 19, 2023 unless terminated earlier or extended by written agreement between the Owner and the City. CITY OF SANTA ANA Tom Hatch Adam Birchler Interim City Manager Authorized Signer B&R Birchler Investment Corporation ATTE : RECOMMNEDED FOR APPROVAL: Je fer L. a bil Saba City Clerk - Executive Director Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Montoya Jose Assistant City Attorney