VICTORY PROPERTY HOLDINGS, LLC 1 - 2011

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If the actual costs of the Sidewalk Improvements are greater than $20,182, City shall pay the City the difference between $20,182 and the actual cost of the Sidewalk Improvements. 3. Owner hereby grants to City and its contractor, a License and Right of Entry onto the Property as follows: a. The right to enter and use the Property for the purpose of site preparation and installation of the Sidewalk Improvements as set forth in Section 1, above. b. City shall indemnify and hold harmless, Owner from liability arising from City's negligence or willful misconduct in the exercise of this License and Right of Entry. c. City shall restore said Property, with the exception of the Sidewalk Improvements thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by City. d. The License and Right of Entry shall expire upon completion of said Sidewalk Improvements, and no later than July 31, 2011. 4. NOTICE All notices pertaining to this AGREEMENT and all communications from the parties may be made by delivery and said notices or communications in person or through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: To OWNER: To CITY: Victoria Property Holdings, LLC City of Santa Ana Public Works Agency 518 N. Poinsettia Street 20 Civic Center Plaza M-21 Santa Ana, CA 92701 P.O. Box 1988 Santa Ana, CA 92702 Attn: Modesto Sanchez Attn: City Engineer Written notice is effective five days after mailing to the most current address provided by the parties. Failure by either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice is effective upon delivery. 5. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 6. This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created hereunder are to be performed in Orange County, which shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 7. This agreement may not be modified or amended except in writing signed by the Owner and City.