WALNUT STREET S.A., U.S.A., LLC 1A

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WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2003-127-001 6 %`/ le 7 AMENDMENT TO RIGHT OF ENTRY CLERK OF COUNCIL AND LICENSE AGREEMENT DATE: 1,2-H-06 0: COA C2) (VicKi Veidi) ��Q, THIS AMENDMENT, trade and entered into this ' -r ` day of r, 2006, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City") and WALNUT STREET S.A. U.S A., 71C, a California limited liability company ("Walnut Street"). RECITALS A. The City and Walnut Street entered into that certain Right of Entry and License Agreement dated November 13, 2003, hereinafter referred to as "said Agreement", to allow Walnut Street to enter onto the City -owned properly located on the south side of First Street between Main and Sycamore Streets in the City of Santa Ana, California described as APN No. 398-278-03 ("Property') in order to undertake certain improvements, which if the Property was not purchased by Walnut Street, would belong to the City. B. The Agreement expires on November 13, 2006, therefore the parties hereto now desire to amend the term and expiration wording found in Section 1 of said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. The following wording in section 1, `"I7t1s Agreement shall automatically terminate and expire one hundred twenty (120) days after written notice of expiration is provided by the City, or in three (3) years from the date of this Agreement, whichever occurs first", shall be replaced with the following wording:: "Ilus Agreement shall be extended as a mouth -to -month occupancy, subject to termination with thirty (30) days written notice by either party." 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. ATTEST: PATRICIA F. HF.ALY Clerk of the Coc*:cil APPROVED AS TO FORM: JOSE,�,PHW. FLEE�TgCCHHER,��City Attorney By:. //F. Lisa Storek, Assistant City Attorney �RyECOMMENDED FOR APPROVAL: t l a tk 6tSTEPHFN G. HARDING Deputy City Manager for Development Services CITY OF SANTA ANA DAVID N. REA19f` City Manager WALNUT STREET SANTA ANA USA Tax ID# 45-D5o9400