WM. D. YOUNG & SONS, INC. - Laserfiche WebLink

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.~~uanw~~ ~~ ray '.ORK MAY PROG€ED wvitl. 1NSURn,. _,- cFP~RES - ~-~ l,~tRr` OF COUNCIL DATE 3-13-0` p'. PitbUc Works rn;ray ~y RIGHT OF ENTRY AGREEMENT N-2008-023 THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into as of this 4`" day of March, 2008 by and between WM. D. YOUNG & SONS, INC. (hereinafter "Young and Sons"), located at 81-910 Arus Avenue, Indio, California 92201, and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), with respect to the following: RECITALS A. At no cost to City, Young and Sons desires to remove two palm trees, one located on Ciry property at the Northwest comer of Raymar and Bristol Street, Santa Ana, CA, and the other at the Northeast corner of West 2"d Street and Bristol Street, Santa Ana, CA. B. The City desires accommodate Young and Son's desire to remove the palm trees at no cost to the City by granting a right of entry and license to Young and Sons upon certain terms and conditions. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Right of Entry and License. a. Provided that all of the terms and conditions of this Agreement are fully satisfied, the City hereby grants to Young and Sons, its employees, agents and contractors the nonexclusive right to enter upon the properties located at: 1.) The Northwest corner of Raymar and Bristol Street, 1301 West Raymar Street, in the City of Santa Ana, County of Orange, and 2.) The Northeast corner of West 2aa Street and Bristol Street, 1249 2°d Street, in the City of Santa Ana, County of Orange, collectively "the Properties". b. The City hereby grants to Young and Sons a license for the following: Professional removal of Palm Trees located on each of the Properties, including back-fill of all holes and clean up of the site in a reasonable and timely manner. This License and Right of Entry shall expire upon completion of said tree removal and clean-up work, and in any event, no later than March 31, 2008, unless extended by written agreement between the undersigned and the City. The term of this Agreement may be extended at the sole and absolute discretion of the Executive Director of the Public Works Agency and the City Attorney, or their designees, for an additional period. b. It is expressly understood that this Agreement does not in any way grant or convey any rights of possession, easement or other interest in the Properties and/or fixtures