RANCHO COMMUNITY COLLEGE 3 -2002

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\l\:l\, o t~ ~SURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRE ~ -D CLERK OF COUNCIL DATE: q /dl. '? I o~ N-2002-133 RIGHT OF ENTRY AGREEMENT 0'2- THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of~ day of September, 2002 by and between the CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of Cali fomi a (the "City"), and RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, a California community college district (the "District"), with respect to the following: RECITALS A. The District is negotiating a purchase agreement with the City to establish a Digital Media Arts Incubator project on Property located on South Bristol Street in the City, B. The District desires to enter onto the Property owned by the City, Commonly known as southwest comer of South Bristol and Wilshire Streets, APN's 109-275-21, 109-275-15, 109-275-20 and 109-275-24, in the City of Santa Ana, California, and further identified in the legal description attached hereto as Exhibit A, and incorporated herein by this reference as though fully set forth, in order to undertake a survey. C. The City wishes to accommodate the District's desire to utilize the Property for surveying and geotechnical soil testing by granting a right of entry to District upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, District and City do hereby agree as follows: 1. Right of Entry. Provided that all ofthe terms and conditions of this Agreement are fully satisfied, the City hereby grants to District and its employees, agents and contractors the nonexclusive, nonassignable, personal right to enter upon the Property for surveying and geotechnical soils testing, and for no other purposes without the prior written approval of the Executive Director of the Community Development Agency. This Agreement shall automatically terminate and expire ninety (90) days from the date of this Agreement, or thirty (30) days after written notice of expiration is provided by City, whichever occurs first. 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 ofthis Agreement, District agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) That District will not permit any dangerous condition to be created on the Property. (b) All acts and things done by District on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. (c) District shall enter the Property entirely at its own cost, risk and expense.