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N- 2009 -089 <br />JUL 21 zu�� <br />0: PWA 0 copy) <br />Kenny Nguyen LICENSE AND RIGHT OF ENTRY <br />I /We, Wellington Place Homeowners Association, do hereby grant to the City of Santa Ana, a <br />charter city and municipal corporation duly organized and existing under the Constitution and <br />laws of the State of California, its officers, agents, employees or representatives (collectively <br />referred to as the "City "), the right to enter the property located on the south side of Fifth Street <br />at the intersection of Fifth Street and Melissa Common, in the City of Santa Ana, County of <br />Orange (the "property"), and hereby grants to the City a license for the following: <br />To remove and reconstruct two wheelchair access ramps located on the south east and south west <br />corners of the intersection of Fifth Street and Melissa Common to meet current City standards <br />and comply with the Americans with Disabilities Act (ADA). Attached Exhibit 1 shows the site <br />location. <br />The City agrees to indemnify and hold harmless, Wellington Place Homeowners Association, <br />from any liability arising out of the City's exercise of this License and Right -of -Entry. The City <br />further agrees to repair any damage to said property caused by the exercise of this License and <br />Right of Entry at its sole cost and expense and to restore said property, with the exception of the <br />improvements left thereon, as nearly as practicable to the state in which it existed prior to the use <br />of the property by the City. <br />The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, <br />lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed <br />written approval of the undersigned. No right of entry to existing buildings is conveyed by this <br />instrument. <br />This License and Right of Entry shall expire upon completion of said construction work, and in <br />any event, no later than April 1, 2010 unless extended by written agreement between the <br />undersigned and the City. <br />Date: <br />t T <br />THE CITY OF SANTA ANA <br />a charter city and municipal corporation <br />duly organized and existing under the <br />Constitution and laws of the State of <br />California <br />APPROVED AS TO FORM: <br />x <br />Joseph W. Fletcher <br />City Attorney <br />A <br />PA IRIC /A B; NBALY <br />CLERK OF r'HE G'OUNQIL <br />