DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION - 2005

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Oct 11 2005 14:21 P.Ol N-2005-128 INSURANCE NOl ON mE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE:/). ~ 7 ~OS RIGHT OF ENTRY AGREEMENT b cmo~ L6~ THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of /0T"- day of lIoyeJnhft, 2005 by and between the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (the "City"), and DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORHION, a California nonprofit corporation ("Licensee"), with respect to the foJloVl'ing: RECITALS A. The Licensee desires to enter onto the real property owned by the City on the comer of Borchard and Bristol Streets in the City of Santa Ana, California, consisting of approximately 33,562 square feet and known as Orange County Assessor's Parcel Number 109-266-17 (hereafter ''the Property"), to temporarily park staff and faculty of Mater Dei High School. B. The City wishes to accommodate the Licensee's desire to utilize the Property for temporary parking lot for staff and faculty of Mater Dei High School by granting a right of entry to Licensee upon certain terms and conditions. NOW, 11IEREFORE, for good and valuable consideration, Licensee and City do hereby agree as foJlows: 1. Rigbt of Entry. Provided that all of the terms and conditions oftrus Agreement are fuJly satisfied, the City hereby grants to Licensee and its employees, agenh and contractors the nonexclusive, nonassignable, personal right to enter upon the Property for temporary parking of staff and faculty of Mater Dei High School, and for no other purposes. This Agreement shall automatically terminate and expire August 1,2006. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property. 2. Agreement. By execution of this Agreement, Licensee agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That Licensee will not permit any dangerous condition to be created on the Property . (b) All acts and things done by Licensee on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) Licensee shall enter the Property entirely at its own cost, risk and expense. (d) Prior to undertaking performance of work under this Agreement, Licensee shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: