BANK ONE TRUST COMPANY 2-1987 - Laserfiche WebLink

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N-2004-118 LICENSE AND RIGHT OF ENTRY We, Bank One Trust Company, N.A. as Trustee of the Samuel I. Russell Trust dated August 3, 1987 and American National Bank and Trust Company of Chicago, Successor Trustee, nlk/a Bank One Trust Company, N.A. for Edward P. Russell Trust dated August 3, 1987 (hereafter referred to as "Owner"), do hereby grant to the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, its officers, agents, employees or representatives (collectively referred to as the "City"), the right to enter the property located at 820 S. Grand Avenue, in the City of Santa Ana, County of Orange (the "property"), and hereby grants to the City a license for the following: Purpose: provide access and a working area for construction, in a 10 feet wide strip adjacent to and running parallel to the City of Santa Ana's new right of way boundary line. The City agrees to indemnify and hold harmless, the Owner, from any liability arising out of the City's exercise of this License and Rig11t-of-Entry. This indemnification includes rent losses, if any, to the remainder of the property in the event the tenant on the remainder vacates, as a result of the City's fault, during the license/right of entry period. The indemnified rent loss shall be measured by the previous tenant's rental obligation. The City further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with the exception of the improvements left thereon, 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 othe¡wise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. This instrument conveys no right of entry to existing buildings. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than June 30, 2005, unless extended by written agreement between the undersigned and the City. The property owner reserves all rights as set forth in the Agreement for Acquisition of Real Property and Escrow Instructions pertaining to this property. The City's failure to accept and make payment as set forth in the Agreement for Acquisition of Real Property and Escrow Instructions voids this right of entry. Date: g- /3 -Oct OWNER(S) THE CITY OF SANTA ANA a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of Californ~~_- ) " .~ ./ BY: ( !~ .~~~ ¿'/ ---- ~e~~~ , (j APPROVED AS TO FORM: ~~ Senior Assistant City Attorney ~._" ~ //~~ PATRICIA E.H£AL"Y . tM.1INt rw ". t19l/NeIL