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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />Q: Pt��u ) CITY CLERK <br />D'$Ky�w ATE: MAY 14 2024 <br />I' <br />C <br />N-2024-167 <br />LICENSE AND RIGHT OF ENTRY <br />[2034 Alco Avenue, Santa Ana, California] <br />This license and right of entry is dated April 23, 2024 for identification purposes. We, Kevin H. Nugyen and <br />Thu Hang T. Bui, as the legal owners ("Owner") of the property located at Assessor Parcel Number [004- <br />184-42], in the City of Santa Ana, County of Orange (the "Property"), do hereby grant The City of Santa Ana, <br />a charter city and municipal corporation duly organized and existing under the Constitution and the laws of <br />the State of California (collectively referred to as the "City"), the right to enter the Property and hereby <br />grants to City a License and Right -of -Entry for the following purpose: <br />Construction relating to the Fremont Elementary and Spurgeon Intermediate SPITS project <br />Fiscal Year 22/23, which includes at this location the repairs of the concrete masonry unit <br />(CMU) wall on the south side of the property and drainage improvements to help meet <br />construction repairs of the CMU wall and provide better drainage flow for drain pipes that <br />run through the wall, see attached EXHIBIT A. <br />The City agrees to indemnify, defend, and hold harmless Owner from and against any and all actions, suits, <br />claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, <br />including death, arising out of or related to City's use of the Property or the entry by any City party on the <br />Property, including without limitation, City's guests, invitees, or contractors. The City further agrees to <br />repair any damage to the Property caused by the exercise of this License and Right of Entry at its sole cost <br />and expense, and to restore the Property, with the exception of any improvements left thereon, as nearly <br />as practicable to the state in which it existed prior to the use of the Property by the City. <br />The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, <br />or otherwise dispose of its License and Right -of -Entry without the prior express written approval of the <br />Owner. This License and Right of Entry shall expire upon completion of said construction work, and in any <br />event, no later than July 9, 2024 unless terminated earlier or extended by written agreement between the <br />Owner and the City. <br />CITY O FSA A ANA <br />Ir <br />Alvaro Nunez <br />Acting City Manager <br />H ~ <br />Kevin H. Nguyen <br />Property Owner <br />ATTEST: <br />= <br />G <br />Jennifer L. li — <br />Thu Hang T. Bui <br />City CI <br />Property Owner <br />APPROVED AS TO FORM: <br />RECOMMENDED FOR APPROVAL: <br />Sonia R. Carvalho <br />City Attorney <br />4 �� <br />By: <br />Nabil Saba <br />Ase Montoya <br />Executive Director <br />Assistant City Attorney <br />Public Works Agency <br />