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OFFICIAL BUSINESS Document entitled to free Recording per Government Code Section 6103 Recording Requested By and When Recorded Mail To: City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 F.6 2 0 2015 SPACE ABOVE LINE FOR RECORDING USE a %'��C3� Return FULLY EXECUTED N-2025-028 (��s'�^Cu' Copy to City Clerk, M 30 TEMPORARY LICENSE AGREEMENT (TIE-BACK) THIS TEMPORARY LICENSE AGREEMENT (Tie-Back) ("Agreement") is made on this day of P>>voa Ny t , 2020by and between the CITY OF SANTA ANA, a municipal corporation organized and existing pursuant to the laws of the State of California and its charter ("City"), and Legado at the MET ("Developer"). RECITALS A. Developer is the owner of that certain real property located in the City of Santa Ana, commonly known as 200 E. First American Way, Santa Ana, California, and more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Development Property"). B. City is the owner of certain real property, commonly known as MacArthur Place and First American Way, located immediately to the west and north of the Development Property as depicted in Exhibit B attached hereto and incorporated herein by reference. MacArthur Place and First American Way sometimes hereinafter referred to collectively as the "Tie-back Parcels." C. Developer plans to construct an 8-story residential building consisting 278 units in a 5-story Type III wood framed structure over 4 levels of Type 1 concrete structure. ("Project") on the Development Property. D. In conjunction with the development of this Project, Developer proposes to install a temporary tie-back anchor system and other foundation forms and supports per City approved plans (collectively referred to as, "Tie-Back Anchor System")which will extend below the surface of the Tie-back Parcels in the areas depicted in the shoring plans for the Project on file with the City ("Tie-back License Area"). The Tie-back License Area is depicted in Exhibit B hereto. E. City and Developer desire to enter into this Agreement in order to set forth the terms and conditions pursuant to which Developer and its representatives shall be permitted to install the Tie-Back Anchor System in the Tie-back License Area. NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals set forth above are true and correct and are incorporated herein by this reference. 2 Grant of Temporary License. City hereby grants to Developer a temporary license to perform subsurface excavation in the Tie-back License Area to install a Tie-Back Anchor System in the Tie-back License Area, and to take all reasonable and usual actions necessary in 1