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INSURANCE ON FILE N-2012-Og6 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />f -7- /3 <br />CLERK OF COUNCIL <br />DATE: 6 RIGHT OF ENTRY AND LICENSE AGREEMENT <br />THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered <br />into as of _bf day of June, 2012 by and between THE CITY OF SANTA ANA, a charter city and <br />municipal corporation organized under the Constitution and laws of the State of California (hereinafter <br />referred to as the "City"), and KidWorks Community Development Corporation, a 501(c)(3) non-profit <br />organization in the State of California (herein referred to as "Licensee"), with respect to the following: <br />RECITAL S <br />A. The City is the owner of that certain real property located in the City of Santa Ana, <br />California commonly known as the City Corporate Yard, 220 S. Daisy, Santa Ana, California, referred to <br />hereafter as the "Property" <br />B. Licensee desires to enter onto the Property owned by the City in order to provide parking <br />for transport vehicles delivering outdoor/off road racers for display at a neighborhood event sponsored by <br />Licensee. <br />C. The City wishes to accon7modate Licensee's desire to utilize the Property on a non- <br />exclusive basis by granting a right of entry and license to Licensee upon certain terms and conditions. <br />NOW, THEREFORE, for good and valuable consideration, Licensee and <br />City do hereby agree as follows: <br />1. Right of Entry and License. Provided that all of the terms and conditions of this <br />Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to <br />Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right and <br />license to enter upon the Property to park flatbed trucks while the vehicles that were delivered on the <br />trucks are on display at the KidWorks neighborhood off road racer event and for no other purpose without <br />the prior written approval of the Executive Director of Finance and Management Services Agency, or his <br />designee. This Right of Entry shall commence at 8:00 am Saturday June 23, 2012 and terminate at <br />6:00pm Saturday June 23, 2012, unless extended in writing by the City's Executive Director of Finance <br />and Management Services Agency, or his designee. It is expressly understood that this Agreement does <br />not in any way whatsoever grant or convey any rights of possession, easement or other cognizable <br />property interest in the Property. <br />2. Agreement. By execution of this Agreement, Licensee agrees for itself and on the behalf <br />of its employees, agents, consultants and contractors as follows: <br />(a) That Licensee will permit only those persons required to carry out the purpose of <br />this License, to enter the Property. Licensee shall ensure that event participants do not enter onto the <br />Property during the event. <br />(b) All acts and things done by Licensee on the Property will be done in a careful <br />and reasonable manner, in accordance with all federal, state and local laws. Licensee agrees and <br />acknowledges that nothing herein is intended, nor shall it be interpreted, as to bind the City to issue or <br />grant any permits or entitlements needed to perform the event specified in paragraph 1 of this Agreement. <br />(c) Licensee shall enter the Property entirely at its own cost, risk and expense. <br />(d) Prior to exercising its right to enter under this Agreement, Licensee shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: