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A-2016-276-04 <br />LICENSE AND RIGHT GE ]ENTRY AGREEMENT <br />r-'� Q This License and Right of Entry Agreement ("License") is entered as of the ay of <br />F , 2017, by and between the CITY OF SANTA ANA, a California charter city in the <br />County Qf Orange of the State of California ("City") and MA MAX THET NAING, an <br />individual ("Naing"). <br />RECITALS: <br />1.1 The property contemplated is owned by Naing and located at 1113 to 1125 South <br />C Standard Street, Santa Ana, CA (APN #'s 011-251-17,-18,-19,-20,-38, and -39) ("Property"). <br />c <br />1.2 The City wishes to enter the Property for the purpose of undertaldng certain <br />environmental studies and due diligence ("Work"). The Work may include, but is not limited to, <br />drilling and testing for needed soils reports, as well as a study to be performed to complete a <br />Phase 1 Environmental Site Assessment report. More specifically, the City contemplates the <br />following: mark boring locations, vehicle drilling rig access, soil sample collection (5 -samples), <br />drilling and augering to a depth not exceeding 20 feet by 8 inches wide. The Work may be <br />performed by City in phases with any subsequent phases dependent upon the findings of the <br />prior phase(s). <br />AGREEMENT <br />2.1 In consideration of the mutual promises and covenants contained herein., Naing <br />does hereby grant to City, its employees, contractors, agents, representatives and assigns <br />("Licensees"), the right to enter upon the Property to complete the Work. <br />2.2 The Licensee, in return for Naing granting permission to enter the Property, <br />agrees: <br />2.2.1 To retain a qualified contractor ("Contractor") to perform the Work and to <br />determine, in City's sole and absolute discretion and without any liability resulting to Naing from <br />such determination, whether or not further Work must be done. <br />2.2.2 To require the Contractor to perform. the Work in a safe and workmanlike <br />manner, and in accordance with all applicable laws, ordinances, permits and regulations. <br />2.2.3 Licensees shall have the right, at their sole cost, expense and liability, to <br />commence the Work at the Property. Licensees shall use care and consideration in connection <br />with any of the Work and Naing shall have the right to be present during any Work performed at <br />the Property. The City further agrees to repair any damage to said Property caused by the <br />exercise of this License at its sole cost and expense and to restore said Property, with the <br />exception of the improvements left thereon, as nearly as practicable to the state in which it <br />existed prior to the use of the Property by the City. <br />