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<br />RYGHT'QF ENTRY
<br />Project Name: Santa Ana River 1t Street Bridge)
<br />Project Igo.: E01,950
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<br />This light of Entry ("Right of Fatly" between Orange County Flood Control District, a body corporate and
<br />politic, hereinafter referred to as 11 Lice nsor")- and City of Santa Ana, a charter city and m tin UpaI corporatlon duly
<br />organized and existing under the Constitution and laws of the State f California, Its ffcer , agents, employees r
<br />representatives l ereinaf er rererred to as "Llcgn e " or "City"), is entered Into to grant City the right to eater,
<br />the real property ("'Property") described In the Easement Deed attached hereto as Exhibit A,, for the purpose of
<br />constructing or ImprovIng a public highway known as the I t Street Bridge and accornpll hing all necessary
<br />Incidents thereto,
<br />It Is understood that this permission to enter and construct is not a warier in any way W' the right of
<br />LIc nsor to compensatlon for City's future perpetual easement Interest over such Property for street and
<br />highway purposes or of any remedy authorized by iaw to secure payment therefore. Licensor acknowledges having
<br />been advised of its right to receive immediate compensation as a prerequisite W Licensee' entt� upon and
<br />possession of the Property and has waived that right, agreeing to be compenseited at a later date, City shall pay
<br />Interest to Uc nsor on the principal amount of compensation from the ninetieth (90th) day following ing the Effective
<br />ate - (as hereinafter defined) of this Right of Entry, through the date compensation is paid, pursuant to Code of
<br />Civil Procedure ("'UP") section 1268.310 and calculated according to CCP section 1268.350, Once co per satlon
<br />Is received by Llcen or, the easement will be granted to City substantially In the form of Exhibit A, attached
<br />hereto and Incorporated by reference.
<br />This permission Is granted In consideration of the location, Improvement and construction of such highway and
<br />incidents thereto, which it is understood Is required by Licensee, with the understanding and on the condition that
<br />City will hereafter promptly obtain an appraisal of the Property, and no later than sixty 0 days from the Effective
<br />Date of this Right of Entry begin negotiations with Licensor's Director of OC Public Works, s, or designee
<br />T1 recto r" ,•to agree upon terms of compensation to bo,pald by City for the perpetual easement interest described
<br />above. If Licensor does not accept the appraised value, and the parties fail to agree on the compensation value,
<br />Ity wlil commence eminent d r afn proceedings,, subject to City Council approval, If within once 1 year of the
<br />commencement of construction activity, Ucensee has not paid LI ensor compensation for the perpetual easement
<br />In an amount that has been agreed upon and accepted by Ucensor and Licensee has not filed an eminent dor aln
<br />actlon to acquire the perpetual easement from LIcensor, Licensee acknowledges that Licensor may pursue any and
<br />all available remedies to obtain compensation from Licensee,, Including but not 11mited to are action In inverse
<br />condemnation,
<br />In granting Licensee this right to eater and use the Property, and provided that City Council has approved the filing
<br />of eminent domain proceedings and adopted a resolution of necessity in cotpllance with the requirements of ccp
<br />section 1245,235, LIcensor agrees to the foli ring: 1 Licensor shall not object to the filing of an eminent domain
<br />proceeding to acquire an easement on the Propel; and In any eminent dornaln action filed - y City to acquire
<br />such easement, Licensor shall not challenge City's right to tale such Property, and the only Issue shall be the
<br />amount of just compensation for the Property.
<br />Licensee agrees to Indemnify and hold harmless Licensor from any llablllty arising out of Licensee's exercise of
<br />the rights granted by this Right of Entry, l.Icensee further agrees to repair. any damage to said Property caused by
<br />Licensee's. exerclse of the rights granted by this Fight of Entry at Its sole cost and expense and to restore said
<br />Pr p r ty, with the exception of the Improvements left thereon, as nearly as practicable to the state In which It
<br />existed prior to the use of the Property by Licensee ,
<br />The rights herein granted to Licensee, are exclusive, and Licensee agrees not to assign, transfer, lease,
<br />pledge, or otherwise d#sp se of Its Right of Entry without the prior a pr ss d written approval of the undersigned)
<br />This Right of Entry shall expire upon completion of said construction work or upon City obtainin a perpequal
<br />e rent for street and highway purposes over said Property, whichever comes first, and in any event, no later
<br />than December 31, 2012, unless extended by written agreement between Director and Licensee,
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