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Attachment 3 <br /> LICENSE AND RIGHT OF ENTRY <br /> Kinco Redhil, LLC, a California limited liability company (hereinafter referred to as "Licensor, does hereby <br /> grant to City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br /> Constitution and/or laws of the State of California, its officers, agents, employees or representatives <br /> (collectively referred to as the "Licensee'), the right to enter and construct street, sidewalk and landscaping <br /> improvements necessary for the Dyer Road/Barranca Parkway/Redhill Avenue Street widening project as <br /> shown on the real property described as follows: <br /> SEE ATTACHMENT 1 ATTACHED HERETO <br /> AND BY THIS REFERENCE MADE A PART HEREOF <br /> <br /> This permission is granted subject to the follov~ing conditions being fulfilled by City: <br /> (A) City to deposit $491,335, plus closing costs into escrow with First American Title Insurance Company. <br /> (B) Permanent Street Improvements will be constructed in the area identified in the Attachment 1, Exhibit <br /> "A and "B" drawings. <br /> (C) During construction of driveway approaches, access to the business will be maintained at all times. In <br /> some cases, construction of one-hall of a driveway approach at a time may be required. In this case, <br /> the contractor shall provide a temporary asphalt driveway to the business until a permanent concrete <br /> driveway is constructed. At no time ~ksall the contractor block access to the business during <br /> construction. <br /> (D) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out of the <br /> Licensee's exercise of this License and Right-of-Entry. The Licensee further agrees to repair any <br /> damage to said property caused by the exercise of this License and Right of Entry at its sole cost and <br /> expense and to restore said property, with the exception of the improvements left thereon, as nearly <br /> as practicable to the state in which it existed prior to the use of the property by the Licensee. <br /> (E) No right of entry to existing buildings is conveyed by this instrument. <br /> This License and Right of Entry shall expire upon completion of said construction work, and in any event, <br /> no later than December 31, 2011, unless extended by written agreement between the undersigned and the <br /> Licensee. <br /> LICENSEE: CITY OF SANTA ANA <br /> LICENSOR: Kinco Redhill, LLC a charter city and municipal corporaton duly <br /> A California limited liability company organized and existing under the <br /> Constitution and laws of the State of <br /> BY California <br /> Name: <br /> Title: BY: <br /> David N. Ream <br /> City Manager <br /> APPROVED AS TO FORM: <br /> JOSEPH W.FLETCHER <br /> City Attorney <br /> BY: Date <br /> Jose Sandoval <br /> Chief Assistant City Attorney <br /> Page 14 of 16 <br /> 25A-26 <br /> <br />