KINCO REDHILL (2) - 2010 - Laserfiche WebLink

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Attachment 3 LICENSE AND RIGHT OF ENTRY Kinco Redhil, LLC, a California limited liability company (hereinafter referred to as "Licensor', does hereby grant to City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and/or laves of the State of California, its officers, agents, employees or representatives (collectively referred to as the "Licensee"), the right to enter and construct street, sidewalk and landspping improvements necessary for the Dyer Road/Barranca Parkway/Redhil) Avenue Street widening project as shown on the real property described as follows: SEE ATTACHMENT 1 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This permission is granted subject to the following conditions being fulfilled by City: (A} City to deposit $491,335, plus closing costs into escrow with First American Title Insurance Company. (B) Permanent Street Improvements will be constructed in the area identified in the Attachment 1, Exhibit "A and "B" drawings. (C) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphak driveway to the business until a permanent concrete driveway is constructed. At no time ~hal,l the contractor block access to the business during construction. (D) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out of the Licensee's exercise of this License and Right-of-Entry. The Licensee 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 Licensee. (E) 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 December 31, 2011, unless extended by written agreement between the undersigned and the Licensee. LICENSOR: Kisco Redhil), LLC A California limited liability company By:_ Name: Title: LICENSEE: 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: David N. Ream City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY: Date Jose Sandoval Chief Assistant City Attorney Page 14 of 16