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<br />N-2004-111 <br /> <br />LICENSE AND RIGHT OF ENTRY <br /> <br />We, Bank One Trust Company, N.A. as Trustee of the Samuel 1. Russell Trust dated August 3, 1987 and <br />American National Bank and Trust Company of Chicago, Successor Trustee, nlk/a Bank One Trust <br />Company, N.A. for Edward P. Russell Trust dated August 3, 1987 (hereafter referred to as "Owner"), do <br />hereby grant to the City of Santa Ana, a charter city and municipal corporation duly organized and <br />existing under the Constitution and laws of the State of California, its officers, agents, employees or <br />representatives (collectively referred to as the "City"), the right to enter the property located at 800 S. <br />Grand Avenue, in the City of Santa Ana, County of Orange (the "property"), and hereby grants to the <br />City a license for the following: <br /> <br />Purpose: to remove existing 18 foot wide driveway; remove 3 large palm trees and replace and relocate <br />with 3 smaller palm trees; construct a new 26 foot wide driveway; install a temporary driveway north of <br />the existing driveway; remove the temporary driveway and restore appropriate landscaping; re-grade and <br />blend a 5-foot wide strip adjacent to each side of the driveway approach; and re-grade and blend a strip <br />up to 5 feet wide west of the new property line. <br /> <br />The City agrees to indemnify and hold harmless, the Owner, from any liability arising out of the City's <br />exercise of this License and Right-of-Entry. This indemnification includes rent losses, if any, to the <br />remainder of the property in the event the tenant on the remainder vacates, as a result of the City's fault, <br />during the license/right of entry period. The indemnified rent loss shall be measured by the previous <br />tenant's rental obligation. The City further agrees to repair any damage to said property caused by the <br />exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with <br />the exception of the improvements left thereon, to the state in which it existed prior to the use of the <br />property by the City. <br /> <br />The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, <br />pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written <br />approval of the undersigned. This instrument conveys no right of entry to existing buildings. <br /> <br />This License and Right of Entry shall expire upon completion of said construction work, and in any <br />event, no later than June 30, 2005, unless extended by written agreement between the undersigned and <br />the City. <br /> <br />The property owner reserves all rights as set forth in the Agreement for Acquisition of Real Property and <br />Escrow Instructions pertaining to this property. The City's failure to accept and make payment as set <br />forth in the Agreement for Acquisition of Real Property and Escrow Instructions voids this right of entry. <br /> <br />B - 13 -o<f <br /> <br />Date: <br /> <br />OWNER(S) <br /> <br />,~-~£--(jd'èð~Y <br /> <br />THE CITY OF SANTA ANA <br />a charter city and municipal corporation duly <br />organized and existing under the Constitution <br />and laws ..~ State of Californi:-/ <br /> <br />(~-~ <br />BY: ~- / <br />F <br /> <br />APPROVED AS TO FORM: <br /> <br />~ <br /> <br />~ Sandoval - <br />enior AssIstant CIty Attorney <br /> <br />~~ <br />PATRICIA £. HEAL Y <br />t:l.1RIt " THE Cel/NCIL <br />