N-2003-039-01 - Laserfiche WebLink

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AMENDMENT TO RIGHT OF ENTRY AGREEMENT THIS AMENDMENT TO RIGHT OF ENTRY AGREEMENT ("Amendment") is made and entered into as of/~tk-day ofS~e, 2003 by and between the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws o£the State of California (the "City"), and SANTA ANA UNIFIED SCHOOL DISTRICT, a California unified school district (the "District"), with respect to the following: RECITALS A. The District is negotiating a purchase agreement with the City to establish a Headstart School project on Property located on South Bristol Street in the City. B. On March 10, 2003, the City and the District entered into a right of entry agreement ("the Original Agreement") in order to permit the District desires to enter onto the Property owned by the City, commonly known as 1232 through 1244 South Bristol Street, in the City of Santa Aha, California, and further identified in the legal description attached hereto as Exhibit A, and incorporated herein by this reference as though fully set forth, in order to undertake certain work. C. The District has now requested that the City amend the Original Agreement to permit the District to undertake other work on the Property. C. The City wishes to accommodate the District's desire to enter upon the Property to undertake geotechnical testing, groundwater sampling and Phase Two/PEA (Preliminary Endangerment Act) studies. NOW, THEREFORE, for good and valuable consideration, District and City do hereby agree to amend the Original Agreement as follows: D. Paragraph 1 of the Original Agreement is amended to read as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to District and its employees, agents and contractors the nonexclusive, nonassignable, personal right to enter upon the Property for surveying and soil testing needed for geotechnical testing, groundwater sampling and Phase Two/PEA (Preliminary Endangerment Act) studies, and for no other purposes without the prior written approval of the Executive Director of the Community Development Agency. This Agreement shall automatically terminate and expire ninety (90) days from the date of this Agreement, or thirty (30) days after written notice of expiration is provided by City, whichever occurs first. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property.