25B - AGMT - BRISTOL ST CORRIDOR

Home Browse Search

LICENSE AND RIGHT OF ENTRY Barney Svardloff Trustee of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided 50 percent interest; Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 10, 1983, as to an undivided 16.67 percent interest and; Steven Iker Trustee of the Steven Iker and Sharon Iker Revocable Trust as their interest appear of record, as to un undivided 33.33 percent interest, (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 right to enter and construct improvements associated with the 17th & Bristol Street Intersection Widening Project. Improvements include the installation of a new public sidewalk and driveway, as shown on the real property described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This permission is granted subject to the following conditions being fulfilled by City: (A) Improvements will be constructed as shown in the Exhibit "C" drawings. (B) 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 shall 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. (C) 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. 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. Licensee represents that it is and will be at all times during this License, self insured up to One Million dollars and carries excess insurance coverage of up to One Hundred and Two Million dollars as more specifically described in the letter dated March 9, 2011 attached to this Right of Entry. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than , 2014, unless extended by written agreement between the undersigned and the Licensee. Page 1 of 2 25B-21