A & D COMPSERV, INC. - 2006 - Laserfiche WebLink

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I d - - -.....- _.~ ~~ r- 11l>\( .' J' . \ -. ~... - \.~, l.. \ ..... - . -.. ,,.. .... .. \ N I )I~ . - / ,. I "' '- ,. .... IV It I '1" -' '. . I' \ :;, 1)( ::)I}!: I J ~.. , I to. lJJ L 9' IJ~o" N-2006-094 RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement") is made and entered into as of _ day of September, 2006 by and between the City of Santa Ana, a body corporate and politic (hereinafter referred to as the "City"), and Mr. Haans Wong, owner of A & D Compserv, Inc., a California corporation, which operates a Gasoline Service Station at 2721 W. Edinger A venue, Santa Ana, California 92704 (herein referred to as "Compserv"), with respect to the following: RECITALS A. The City is the owner of that certain real property located at 3000 West Edinger Avenue, City of Santa Ana, State of California, which is commonly described as: Centennial Regional Park, Santa Ana, California 92704 (the "Property"). B. Compserv desires to enter onto the Property owned by the City for the purpose of making such tests, inspections, investigations, examinations, evaluations, surveys, studies, and remediation or corrective work relating thereto or arising therefrom ("collectively, the "Tests" or "Testing") as necessary to asses the environmental condition of the Property and remediate contamination for which the Licensee is legally responsible. C. The City wishes to accommodate Compserv's desire to utilize the Property on a non-exclusive basis by granting a right of entry to Compserv upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Compserv and City do hereby agree as follows: 1. Right of Entry. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Compserv and its employees, agents and contractors the nonexclusive, nonassignable, personal right to enter upon the Property to undertake such Tests or Testing, and for no other purposes without the prior written approval ofthe Executive Director ofthe Parks and Recreation Agency. Such right of entry shall be of limited duration, not to exceed 2 years from the Effective Date of this Agreement, unless otherwise extended by execution of a written Amendment to this Agreement. 2. Agreement. By execution of this Agreement, Compserv agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: (a) It is understood and agreed that the City will undertake its best efforts to allow Compserv access to the Property upon receiving at least 24 hours advance notice and access shall be limited to the hours of7:00 a.m. through 5:00 p.m., Monday through Friday. Compserv will not permit any dangerous condition or waste to be created on the Property. Compserv will not receive or bring any additional inventory or other property onto the subject site that is not necessary to perform the Tests or Testing contemplated in this Agreement. (b) All acts and things done by Compserv on the Property will be done in a careful and reasonable manner, in accordance with all federal, state and local laws. Page 1 of6