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Attachment 2 <br /> LICENSE AND RIGHT OF ENTRY <br /> DRSS-I, LLC, a California Limited Liability Company (hereinafter referred to as "Licensor"), does <br /> hereby grant to City of Santa Ana, a charter city and municipal corporation duly organized and <br /> existing under the Constitution and/or laws of the State of California, its officers, agents, employees <br /> or representatives (collectively referred to as the "Licensee"), the temporary right to enter to <br /> accommodate the construction of the railroad improvements along the southeasterly corner of the <br /> property at 2040 E. Dyer Road, Santa Ana, as shown in the attached Attachment 2, Exhibit "A." <br /> 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 /> The rights herein granted to the Licensee, are exclusive, and the Licensee agrees not to assign, <br /> transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior <br /> expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by <br /> this instrument. <br /> This License and Right of Entry shall expire upon completion of said construction work, and in any <br /> event, no later than June 30, 2011, unless extended by written agreement between the undersigned <br /> and the Licensee. <br /> Date: <br /> SELLER: DRSS-I, LLC, THE CITY OF SANTA ANA <br /> A California Limited Liabi' C mpany a charter city and municipal corporation <br /> BY. ~i ~ duly organized and existing under the <br /> Constitution and laws of th State of <br /> ~L~ ~-~.l`C' -NZ - California <br /> Its: <br /> BY: <br /> David N. Ream <br /> City Manager <br /> <br /> APPROVED AS TO FORM= <br /> <br /> JOSEPH W. FLETCHER <br /> City Attorney <br /> BY: Date: .~ttNL 2010 <br /> Sandoval <br /> Chi f Assistant City Attorney <br /> Page 7 of 8 <br /> <br />