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INSURANCE NOT ON FILE Please return an original A-2017-272-01
<br />WORK MAY � PROCEED executed agreement 0. our
<br />CLERKUEf O0 ,�{�
<br />DATE.t; 1 RIGHT OF ENTRY
<br />[2120 — 2130 S. Bristol Street, Santa Ana]
<br />The City of Santa Ana, a charter city and municipal corporation duly organized and
<br />existing under the Constitution and laws of the State of California, does hereby grant to
<br />AU ZONE SANTA ANA, LLC, a California limited liability company ("Grantee"), the right to
<br />enter the westerly 11' of the parcel described as Parcel 1 adjacent to 2120 -- 2130 S.
<br />Bristol Street, Santa Ana, County of Orange, as more particularly shown in Exhibit A,
<br />attached hereto and incorporated herein by reference ("Property"), for the following
<br />purposes:
<br />The right to enter and use the Property for the purpose of constructing
<br />new signage and related purposes.
<br />Grantee agrees to indemnify, defend, and hold harmless City, its officers, agents,
<br />representatives, employees, and volunteers from and against any and all actions, suits,
<br />claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
<br />persons and property, including death, arising out of or related to Grantee's use of the
<br />Property or the entry by any Grantee party on the Property, including without limitation,
<br />Grantee's guests and invitees. Grantee further agrees to repair any damage to the
<br />Property caused by the exercise of this Right of Entry at its sole cost and expense and
<br />to restore said property to the state in which it existed prior to its use.
<br />Grantee shall maintain commercial general liability insurance which shall include, but
<br />not be limited to, protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of its use of the Property, including, without limitation, acts
<br />involving vehicles. The amounts of insurance shall be not less than the following: single
<br />limit coverage applying to bodily and personal injury, including death resulting
<br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence and
<br />$2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers,
<br />employees, agents, volunteers and representatives as additional insured(s); (b) be
<br />primary and not contributory with respect to insurance or self-insurance programs
<br />maintained by the City; and (c) contain standard separation of insureds provisions.
<br />The rights herein granted to Grantee are exclusive, and Grantee agrees not to assign,
<br />transfer, lease, pledge, or otherwise dispose of this Right of Entry without the prior
<br />express written approval of the City. This instrument conveys no right of entry to
<br />existing buildings, if any.
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