Laserfiche WebLink
A -2014 -056 <br />fl v f✓ "'nR.� MAY PAXEE -! <br />/RIGHT OF ENTRY AND LICENSE AGREEMENT <br />V <br />4� 1.1-IIS RIGHT O / <br />F ENTRY �AND LICENSE AGREEMENT ( "Agreement") is made and <br />entered into this k day of r , 2014 by and between the CITY OF SANTA ANA, a <br />S charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California, (hereinafter referred to as the "CITY "), and PAG West LLC, a Delaware <br />limited liability company (herein referred to as "LICENSEE "), with respect to the following: <br />RECITALS <br />A. LICENSEE owns that certain property located at 1405 Auto Mall Drive, Santa Ana, CA <br />(hereinafter "Premises I "), on which LICENSEE operates an auto dealership. <br />B. LICENSEE is the lessee of that certain property located at 1350 Auto Mall Drive, Santa <br />Ana, CA (hereinafter "Premises 2 "), on which LICENSEE operates an auto dealership. <br />C. LICENSEE is the sole shareholder of PAG Santa Ana 131. Inc.; a Delaware Corporation <br />(hereinafter referred to as "PAG "). <br />D. PAG owns that certain property located at 1500 Auto Mail Drive, Santa Ana, CA <br />(hereinafter "Premises 3 "), on which PAG owns and operates an auto dealership. <br />E. PAG owns that certain property located at 1455 Auto Mall Drive, Santa Ana, CA <br />(hereinafter "Premises 4 "). <br />F. CITY owns or has an easement for public utility purposes along, above and under the <br />public street commonly known as Auto Mall Drive (hereinafter "Street'), which abuts <br />Premises 1, 2, 3 & 4. <br />G. LICENSEE desires a license to install, maintain and repair a fiber optic cable from <br />Premises I to Premises 2 (License Area 1), and maintain and repair an existing fiber optic <br />cable frorn Premises 3 to Premises 4 (License Area 2), both of which are below the <br />surface of a portion of Auto Mall Drive (hereinafter referred to as "License Areas"), as <br />described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by <br />reference. <br />NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do <br />hereby agree as ibllows: <br />Right of Entry and License. <br />Provided that all of the terms and conditions of this Agreement are fully satisfied, as of <br />the Effective Dale of this Agreement CITY hereby grants to LICENSEE and its employees, <br />agents and contractors the nonexclusive, non - assignable, personal, revocable right and license to <br />install under the Street surface, a 4" conduit with the capacity to run a fiber optic cable from <br />Premises i to Premises 2. It is expressly understood that this Agreement does not in any way <br />whatsoever grant or convey any rights of possession, easement or other cognizable property <br />