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<br />M'W~ (J) <br />!lC SJ~ <br /> <br />COpy <br /> <br />N-2005-116 <br /> <br />. , <br /> <br />RIGHT OF ENTRY AGREEMENT <br /> <br />THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as <br />of 12th day of October 2005, by and between the CITY OF SANTA ANA, a charter city duly <br />organized under the Constitution and laws ofthe state of Cali fomi a (the "City") and STATE OF <br />CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) (the "Contractor), <br />with respect to the following: <br /> <br />RECITALS <br /> <br />A. The Contractor (or its principal) is in the process of negotiating an ingress/egress <br />easement and temporary construction easement, for the purposes of constructing and maintaining <br />an overhead guide sign on the 1-5 freeway. <br /> <br />B. The Contractor desires to utilize a portion ofthe Property owned by the City, <br />commonly known as 1815 E. Chestnut Avenue, Santa Ana and further identified on the Site Map <br />attached hereto as Exhibit A. <br /> <br />C. To accommodate the Contract and avoid project delays, the City will grant <br />permission to the Contractor to access the Property for ingress/egress purposes and a temporary <br />construction area. <br /> <br />NOW, THEREFORE, for good and valuable consideration, Contractor and City do <br />hereby agree as follows: <br /> <br />1. Right of Entry. Provided that all ofthe terms and conditions of this Agreement <br />are fully satisfied, the City hereby grants to Contractor and its employees, agents and contractors <br />the nonexclusive, nonassignable, personal right to enter upon the Property for the construction of <br />an overhead guide sign on the 1-5 freeway, and for no other purposes without the prior written <br />approval of the City Manager, for the City. This Agreement shall automatically terminate and <br />expire on December 31, 2005, or thirty (30) days after written notice of expiration is provided by <br />City, whichever occurs first. It is expressly understood that this Agreement does not in any way <br />whatsoever grant or convey any rights of possession, easement or other cognizable property <br />interest in the Property. <br /> <br />2. Agreement. By execution of this Agreement, Contractor agrees for itself and on <br />the behalf of its employees, agents, consultants and contractors as follows: <br /> <br />(a) That Contractor will not permit a dangerous condition to be created on the <br /> <br />Property. <br /> <br />(b) All acts and things done by Contractor on the Property will be done in a <br />careful and reasonable manner, in accordance with all federal, state and local laws. <br /> <br />(c) Contractor shall enter the Property entirely at its own cost, risk and <br /> <br />expense. <br /> <br />1 <br />