25D - INSTALL FIBER OPTIC CABLE IN AUTO MALL DRIVE

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(c) LICENSEE shall not have any interest in the Property or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. (d) LICENSEE may not encroach upon the License Area for any other purpose or business than that specified in paragraph 1, above, other than pedestrian purposes already available to members of the general public, without obtaining the prior written consent of the City's Executive Director of the Public Works Agency. (e) CITY will not be held responsible for loss of, or damage to, any improvements made by LICENSEE in the License Area. (f) This License is made subject and subordinate to the prior and continuing right of CITY to use the public right-of--way. 4. Indemnity. LICENSEE hereby agrees to defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all loss, damage, injury, liability, claim, cost or expense (including, without limitation, reasonable attorneys' fees, expert witness fees, court costs, and expenses) arising from or attributable to the activities of LICENSEE or any of its employees, agents, consultants or contractors upon the Property pursuant to this Agreement. All use of and entry upon the Property shall be at the sole cost, risk and expense of LICENSEE. LICENSEE acknowledges and understands that should this Agreement be deemed by the County of Orange to create a possessory interest subject to property taxation, that LICENSEE shall be subject to the payment of property taxes levied on such interest, and that it shall defend, indemnify and hold the City of Santa Ana and its officers, officials, members, employees, agents and representatives, harmless from and against any and all such claims. 5. License Fees. At the time of the street work permit issuance, all outstanding fees associated with the license processing, street improvement plan-check and street work permit shall be paid in full. 6. Revocation. CITY may revoke this License, at will, upon thirty days notice in writing to the License. 7. Notices. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: TO CITY: Clerk Of The Council TO LICENSEE: Santa Ana Properties, LLC City of Santa Ana 1500 Auto Mall Drive 20 Civic Center Plaza (M-30) Santa Ana, CA 92705 P.O. Box 1988 4 25D-6