25G - AGMT - COUNTY EASEMENT SA BLVD AND FLOWER

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RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ( "Agreement ") is made and entered into this _clay of , 2016 by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter referred to as the "CITY "), and the COUNTY OF ORANGE, a political subdivision of the State of California (herein referred to as "LICENSEE "), with respect to the following: RECITALS A. LICENSEE owns that certain property located at 300/320 N. Flower Street, Santa Ana, CA, described in Assessor's Map, Book 405, Page 16 as Assessor Parcel Number (APN) 405 - 162 -17 (hereinafter "Premises 1 "), which is occupied by the Orange County Public Works agency and the Sheriff - Coroner department. B. LICENSEE owns that certain property located at 308 N. Olive Street and 1015 W. Third Street, Santa Ana, CA, described in Assessor's Map, Book 405, Page 16 as APN 405- 161-42 and 405 - 161 -43 (hereinafter "Premises 2 "), which LICENSEE operates as parking structure for parking of Premises 1. C. CITY owns or has an casement for public street /road purposes along, above and under the public street commonly known as Santa Ana Boulevard (hereinafter "Street "), which. abuts Premises l and 2 and was recorded on June 17, 1991 as Instrument No. 91- 306621 as Parcel Map No. 90 -251 filed in Book 263, page 37 and 38 of Parcel Maps in the Office of the County Recorder of County of Orange, State of California. D. LICENSEE desires a license to install, maintain and repair a fiber optic cable and handhole from Premises i to Premises 2 (hereinafter "License Area 1 "), which are below and on the surface of the Street, as described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated by reference. NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do hereby agree as follows: Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement CITY hereby grants to LICENSEE and its employees, agents and contractors the nonexclusive, non- assignable, personal, revocable right and license to install under the Street surface, a 2" conduit with the capacity to run a fiber optic cable from Premises 1 to Premises 2 and one (1) handhole. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street. Said License shall include the right to install, maintain and repair said fiber optic cable in License Area 1. EXHIBIT 5 Page I of 8 25G -27