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p: PWA (1 copy) Kenny Nguyen JUL 2 ~ 200 N-2009-086 LICENSE AND RIGHT OF ENTRY I/We, ~2-~lQ ~- ~~- ~~ , do hereby grant to 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, its officers, agents, employees or representatives (collectively referred to as the "City"), the right to enter the property located at 2520 West Fifth Street, in the City of Santa Ana, County of Orange (the "property"), and hereby grants to the City a license for the following: To construct a 2' x 50' portion of Portland Cement Concrete (PCC) pavement along the northern edge of the abovementioned property to provide a smooth transition from the existing PCC pavement to the new sidewalk, which is required to comply with the Americans with Disabilities Act (ADA). Attached Exhibit I shows the site location. The City agrees to indemnify and hold harmless, ~~ ~ C ~'~ ~ from any liability arising out of the City's exercise of this License and Right-of-Entry. The City further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the property by the City. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than April 1, 2010 unless extended by written agreement between the undersigned and the City. Date: 7 ..- 3 - o ~ OWNERS: 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 BY:. ~t4 , ~ _~ APPROVED AS TO FORM: v ~ ,Gf~. Joseph W. Fletcher City Attorney ATTESTy ATR/C/A E H, EALY CLERK OF THE COUNC/L