GRAND PLAN 2, LLC 1 -2005 - Laserfiche WebLink

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LICENSE AND RIGHT OF ENTRY Starwood O. C. Portfolio VIII, L.L.C. ("Starwood"), organized and existing under the laws of the State of Delaware, does 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 and representatives (collectively referred to as the "City"), the right to enter the property located in the City of Santa Ana, County of Orange, more specifically described in "Exhibit I", attached hereto and incorporated herein by reference (the "property"), and hereby grants to the City a License and Right of Entry for the following: The right to enter and use the property described in "Exhibit I," for the purpose of construction of a Vehicular Access Restriction System and appurtenant facilities associated with the parking lot site and the hotel site, see "Exhibit III" conditions, attached hereto and incorporated herein. The City hereby agrees not to unreasonably interfere with right of Starwood to the use or ingress and egress of the property during construction. The City agrees to indemnify and hold harmless, Starwood from any liability arising out of the City's exercise of this License and Right of Entry. 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, as nearly as practicable to the state in which it existed prior to the use of the property by the City. Once the vehicular restraint system is implemented, Starwood shall be responsible for the maintenance and proper operation of the system, which responsibility shall run with the land. The system shall not be modified or removed without the written consent of the City of Santa Ana, Public Works Agency, which shall not be unreasonably withheld, delayed or conditioned. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise 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. The License and Right of Entry shall expire at the end of the 60-month period, if the evaluations have not deemed a vehicular restraint system necessary, no later than June 30, 2006, unless extended by written agreement between the undersigned and the City of Santa Ana.