Laserfiche WebLink
<br />". L-1D <br />" :. Ii ')lr'r'~ <br />Ii :~. j)!. .~ ',\ .r) K.., <br />;), I ,- 0' 7 __"__,~--'-' <br />"--\:'-.~~iF-"C:; .~(:~! <br />,,! ,.(_13-C((> RIGHT OF ENTRY AND LICENSE AGREEMENT <br /> <br />N-2006-0Il <br /> <br />C J lvJfl <br />tT:~ <br /> <br />THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made <br />and entered into as of .3D/:b.day of January, 2006 by and between THE CITY OF SANTA <br />ANA, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California, (hereinafter referred to as the "City"), and <br />PLATINUM EQUITY PARTNERS, a California corporation (herein referred to as "Licensee"), <br />with respect to the following: <br /> <br />RECITALS <br /> <br />A, The City is the owner of an easement for future right of way purposes located on - <br />at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the <br />City of Santa Ana, California depicted on Exhibit A attached hereto and made a part hereof by <br />this reference (the "Property"). The City intends to construct a portion of a freeway overpass on <br />the Property in the future. <br /> <br />B. Licensee desires to enter onto the Property owned by the City in order to <br />undertake certain site investigation work in anticipation of licensing the Property from the City <br />as an interim use until the freeway overpass project is funded. <br /> <br />C, The City wishes to accommodate Licensee's desire to conduct testing on the <br />Property on a non-exclusive basis by granting a right of entry and license to Licensee upon <br />certain terms and conditions. <br /> <br />NOW, THEREFORE, for good and valuable consideration, Licensee and City do <br />hereby agree as follows: <br /> <br />1. Right of Entry and License. Provided that all of the terms and conditions of this <br />Agreement are fully satisfied, as of the date set forth above (the "Effective Date"), the City <br />hereby grants to Licensee and its employees, agents and contractors the nonexclusive, <br />nonassignable, personal right and license to enter upon the Property to (a) undertake site <br />investigatory work, including but not limited to geotechnical testing, and for no other purposes <br />without the prior written approval of the Executive Director of the Public Works Agency (the <br />Executive Director"). No improvements shall be constructed or installed on the Property. This <br />Agreement shall automatically terminate and expire thirty (30) days after the Effective Date. The <br />term may be extended in thirty (30) day increments by the Executive Director. It is expressly <br />understood that this Agreement does not in any way whatsoever grant or convey any rights of <br />possession, easement or other cognizable property interest in the Property. <br /> <br />2. AgreementlTerms. By execution of this Agreement, Licensee agrees for itself <br />and on the behalf of its employees, agents, consultants and contractors as follows: <br /> <br />(a) No Waste. That Licensee will not permit any dangerous condition or <br />waste to be created on the Property. <br /> <br />(b) Compliance with Law. All acts and things done by Licensee on the <br />Property will be done in a careful and reasonable manner, in accordance with all federal, state <br />