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LICENSE AND RIGHT OF ENTRY <br />Barney Svardloff Trustee of the Barney Svardloff Trust Dated March 21, 1981, as to an undivided <br />50 percent interest; Nathan Ogints Trustee of the Nathan Ogints Trust "A" Dated January 10, <br />1983, as to an undivided 16.67 percent interest and; Steven Iker Trustee of the Steven Iker and <br />Sharon Iker Revocable Trust as their interest appear of record, as to un undivided 33.33 percent <br />interest, (hereinafter referred to as "Licensor"), does hereby grant to City of Santa Ana, a charter <br />city and municipal corporation duly organized and existing under the Constitution and/or laws of <br />the State of California, its officers, agents, employees or representatives (collectively referred to <br />as the "Licensee"), the right to enter and construct improvements associated with the 17th & <br />Bristol Street Intersection Widening Project. Improvements include the Installation of a new public <br />sidewalk and driveway, as shown on the real property described as follows: <br />SEE EXHIBIT "A" and "B" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br />This permission is granted subject to the following conditions being fulfilled by City: <br />(A) Improvements will be constructed as shown in the Exhibit "C" drawings. <br />(B) During construction of driveway approaches, access to the business will be maintained at <br />all times. In some cases, construction of one-half of a driveway approach at a time may be <br />required. In this case, the contractor shall provide a temporary asphalt driveway to the <br />business until a permanent concrete driveway is constructed. At no time &- the contractor <br />block access to the business during construction. <br />(C) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out <br />of the Licensee's exercise of this License and Right of Entry. The Licensee further agrees <br />to repair any damage to said property caused by the exercise of this License and Right of <br />Entry at its sole cost and expense and to restore said property, with the exception of the <br />improvements left thereon, as nearly as practicable to the state in which it existed prior to <br />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 <br />conveyed by this instrument. <br />Licensee represents that it is and will be at all times during this License, self insured up to One <br />Million dollars and carries excess insurance coverage of up to One Hundred and Two Million <br />dollars as more specifically described in the letter dated March 9, 2011 attached to this Right of <br />Entry. <br />This License and Right of Entry hall expire upon completion of said construction work, and in <br />any event, no later than , 2014, unless extended by written agreement between <br />the undersigned and the Licensee. <br />Page 1 of 2