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RIGHT OF ENTRY AND LICENSE AGREEMENT <br /> THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made <br /> and entered into this 6th day of July, 2010 by and between the CITY OF SANTA ANA, a <br /> charter city and municipal corporation organized and existing under the Constitution and laws of <br /> the State of California, (hereinafter referred to as the "CITY"), and SANTA ANA <br /> PROPERTIES LLC, a California limited liability company (herein referred to as "LICENSEE"), <br /> with respect to the following: <br /> RECITALS <br /> a. LICENSEE owns that certain property located at 1500 Auto Mall Drive, Santa <br /> Ana, CA (hereinafter "Premises 1"), on which LICENSEE operates an auto dealership. <br /> b. LICENSEE owns, or has the right to use, that certain property located at 1455 <br /> Auto Mall Drive, Santa Ana, CA (hereinafter "Premises2"), on which LICENSEE proposes to <br /> operate an auto dealership. <br /> c. CITY owns or has an easement for public utility purposes along, above and under <br /> the public street commonly known as Auto Mall Drive, which abuts the premises owned by <br /> LICENSEE. <br /> d. LICENSEE desires a license to install, maintain and repair a fiber optic cable <br /> from Premises 1 to Premises 2 below the surface of a portion of Auto Mall Drive (hereinafter <br /> referred to as "License Area"), as described in Exhibit A and depicted in Exhibit B, attached <br /> hereto and incorporated by reference. <br /> NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do <br /> hereby agree as follows: <br /> 1. Right of Entry and License. Provided that all of the terms and conditions of this <br /> Agreement are fully satisfied, as of the Effective Date of this Agreement CITY hereby grants to <br /> LICENSEE and its employees, agents and contractors the nonexclusive, non-assignable, <br /> personal, revocable right and license to enter upon said License Area for the purpose of <br /> installing an underground conduit with the capacity to run a fiber optic cable from Premises 1 to <br /> Premises 2. It is expressly understood that this Agreement does not in any way whatsoever grant <br /> or convey any rights of possession, easement or other cognizable property interest in said <br /> Property. Said License shall include the right to install, maintain and repair said fiber optic <br /> cable. <br /> 2. Agreement. By execution of this Agreement, LICENSEE agrees for itself and on <br /> behalf of its employees, agents, consultants and contractors as follows: <br /> (a) All work shall comply with the current edition of the Standard <br /> Specifications for Public Works Construction (Green Books and all applicable City Ordinances, <br /> Standards and Specifications currently in effect. The work, including method of installation and <br /> <br /> limits of construction of the fiber optic cable shall be depicted on a plan and shall be subject to <br /> 1 <br /> 25D-3 <br /> <br />