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I r N-2004-122 INSU~',~ ';RED - ED s¡;[ CLtRK OF COUNCiL DATE~ {o- J/-D~ LICENSE AND RIGHT OF ENTRY c,: pwft (1.8:bt'tJ4 THIS LICENSE AND RIGHT OF ENTRY is granted by Industrial Enterprises, a California I ,d0Limited Partnership, the owner(s) ofthe property located at 3121 Oak Street and 3126 South Kilson Drive, Santa Ana, California (hereinafter "Owner"), to the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. Owner is the legal owner of the property located at 3121 Oak Street & 3126 South Kilson Drive, Santa Ana CA 92707 (Parcel 411-031-08) (hereinafter referred to as the "Property") in the City of Santa Ana. B. City desires to enter on the Property to conduct soils tests the scope and intent of such tests is specified on Exhibit A. NOW THEREFORE, the parties hereto agree as follows: 1. Owner hereby grants to the City, its employees, agents, consultants, contractors and representatives ("Representatives"), a non-exclusive license to enter the Property solely for the purpose of conducting the tests specified on Exhibit A, including the following activities: 1. 11. 111. determine and mark boring locations; have boring locations cleared by Underground Service Alert; bring a drill rig on to the property to advance the borings and collect samples of the soil and groundwater; and have a surveyor record the actual locations of the borings upon completion. IV. 2. No license to enter existing buildings is conveyed by this instrument. 3. City shall indemnify and hold harmless Owner from any liability, arising directly out of the City's or the City's Representatives' exercise of this License and Right of Entry. City further agrees to repair any damage to the Property directly caused by the exercise of this License or the activities and tests performed at the Property, and to restore the Property as nearly as practicable to the state in which it existed prior to the use of the Property by the City. 4. This License to Enter shall expire upon completion of said soils testing work, and in any event, no later than thirty days following City's notification of the need for access under this License to Enter, unless extended by written agreement between the undersigned and the City. 5. The undersigned certifies it is the legal owner of the Property and warrants it has binding authority to grant this License.