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INSURANCE ON FILE N-2024-119 WORK MAY PROCEED UNTILINSANCE EXPIRES CITY CLERK DATE: MAjZ 2 ] ZOZ4 0', lowft C� CC).A,,)AAJr� LICENSE AND RIGHTOF ENTRY [1550 E Chestnut Ave, Santa Ana, California] This license and right of entry is dated March _t&2024 for identification purposes. 1/we, Avalon Pacific — Santa Ana, LP., as the legal owners ("Owner") of the property located at Assessor Parcel Number 402-311-01, 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 Kennedy Elementary and Villa Fundamental Intermediate Safe Routes to School Project, which includes the removal and replacement up to 160 SF of Portland Cement Concrete (PCC) sidewalk with landscaping in order to construct a wheelchair ramp with a retaining curb that complies with Caitrans and ADA standards, see attached EXHIBITA. The Cityagreesto indemnify, defend, and hold harmless Ownerfrom 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. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than May 31, 2024 unless terminated earlier or extended by written agreement between the Owner and the City. CITY ANTP, ANA Tom Hatch David Se er Interim City Manager Authorized Signer Avalon Pacific — Santa Ana, LP. ATTEST: RECOMMNEDER FOR APPROVAL: G � ennifer L. II7Nabil Saba Ci Executive Director Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 4Assistantity rtinez Attorney