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<br />.' <br /> <br />. . <br /> <br />I NSU'R,~¡, NO ¡ , I !HD <br /> <br />Sic- \~;L¡~~~I^::':l~\/ (~'OUNCIL <br />Df;TE: l() 0'"" If-o<f <br /> <br />C PvJ 11-. <br />(þ. ßiovJd diD\ <br /> <br />N-2004-121 <br /> <br />LICENSE AND RIGHT OF ENTRY AGREEMENT <br /> <br />THIS LICENSE AND RIGHT OF ENTRY AGREEMENT ("Agreement") is entered by <br />and between Dyer Business Associates, a California Limited Liability Partnership, the <br />owner of the property commonly known as the Dyer Business Park, Santa Ana, <br />California (hereinafter "Owner"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). This agreement is entered into with reference to the <br />following recited facts: <br /> <br />A. <br /> <br />RECITALS <br /> <br />Owner is the legal owner of the property commonly known as the Dyer <br />Business Park located on East Alton A venue between Kilson Drive and <br />South Halladay Street (hereinafter referred to as the "Property") in the <br />City of Santa. <br /> <br />B. <br /> <br />City desires to enter onto the Property to conduct soils tests in connection <br />with the proposed Alton Avenue Overcrossing Project (the "Project"). <br /> <br />c. <br /> <br />In connection with the Project, the City has requested that its consultant, <br />Leighton Consulting, Inc., ("Leighton") be allowed to enter onto the <br />Property to take water and soil samples. Leighton has prepared a revised <br />Work Plan for a Phase II Environmental Site Assessment of the Property. <br />The Work Plan sets forth how Leighton is to perform the proposed site <br />assessment and environmental testing. <br /> <br />D. <br /> <br />The City and the Owner now desire to permit the City's consultants to <br />enter onto the Property to perform environmental sampling pursuant to the <br />terms of this agreement set out below. <br /> <br />NOW THEREFORE, the parties hereto agree as follows: <br /> <br />AGREEMENT <br /> <br />1. Owner hereby grants to the City, its employees, agents, and representatives, a <br />license to enter the Property for the purpose of conducting soils tests. The work shall be <br />performed as set forth in the revised Leighton Work Plan which is incorporated by this <br />reference as though fully set forth herein. Leighton shall perform the work in a good and <br />workman like manner with reasonable diligence, in compliance with all applicable laws <br />and regulations including, without limitation, all requirements of governmental entities <br />and agencies. The activities to be performed include the following: <br />