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N-2010-042 ~~~.~unANCE NG'~ ?E;C~IJlREG WORK Py1AY PROCEED CLERK OP COUNCI! I~~rF ~.,Z ~p ~~ LICENSE AND RIGHT OF ENTRY CFRI/Greenlaw Dyer Road L.L.C., a Delaware 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 laws of the State of California, its ~ ~, officers, agents, employees or representatives (collectively referred to as the "Licensee"), the ca, (,d. right to enter and construct street, sidewalk and landscaping improvements necessary for the Dyer Road/Barranca Parkway/Redhill Avenue Street widening project as shown on the real _,,, J property described as follows: .~ ~ ~ SEE ATTACHMENT 1, 2 AND 3 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF ,~ v~ This permission is granted subject to the fo{lowing conditions being fulfilled by City: (A) City to deposit $1,084,510 funds to close escrow, identified as Escrow OSA-3407750, with First American Title Insurance Company ("Escrow") in accordance with that certain Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions Agreement dated December 7, 2009 by and between Licensor and Licensee. (B) Landscape improvements will be constructed as shown in the Attachment 3 drawings. (C) Licensee shall notify Licensor no less than thirty (30) days prior to commencing construction. Licensee has informed Licensor that active construction will start no earlier than June 1, 2010. 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 sha{I provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed. At no time shall 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) This License and Right of Entity does not amend the Purchase Agreement nor relieve Licensee of its obligations thereunder to acquire the portion of the property described therein or close Escrow. The rights herein granted to the Licensee, are exclusive, and the Licensee 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.