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HomeMy WebLinkAboutRICOH DEVELOPMENT OF CA 1 N-2004-110 Œ-.' P"'Î/ tr (j). 6,m:ivi,II(~ LICENSE AND RIGHT OF ENTRY THIS LICENSE AND RIGHT OF ENTRY is granted by Ricoh Development of California, Inc., the owner of the property located at 1062 McGraw Avenue, Irvine, California (hereinafter "Owner"), to 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 "City"). RECITALS A. Owner is the legal owner of the property located at 1062 McGraw Avenue (hereinafter referred to as the "Property") in the City of Irvine. B. City desires to enter on the Property to conduct a preliminary investigation. NOW THEREFORE, the parties hereto agree as follows: 1. Owner hereby grants to the City, its employees, agents, and representatives, a license to enter the Property for the purpose of conducting a preliminary investigation, specifically the following activities: i. ii. Conduct a visual inspection of the Property; and Interview Owner regarding its use of the Property. 2. No license to enter existing buildings is conveyed by this instrument. Further, no license to conduct soil or groundwater tests is conveyed by this instrument. 3. City shall indemnify and hold harmless Owner from any liability, arising out of the City's exercise of this License and Right of Entry. City further agrees to repair any damage to the Property caused by the exercise of this License and to restore the Property as nearly as practicable to the state in which it existed prior to the use of the Property by the City. 4. This License and Right of Entry shall be valid for one business day, during normal business hours. City shall exercise its rights under this License and Right of Entry no later than October 31, 2004, unless extended by written agreement between the undersigned and City. City shall contact Owner's employee, Lee Gjetley, at (714) 566-2500 to schedule the preliminary inspection. 5. The undersigned certifies it is the legal owner of the property located at 1062 McGraw Avenue in the City of Irvine and warrants it has binding authority to grant this License. 6. City acknowledges that in connection with the performance of its investigation pursuant to the terms of this License and Right of Entry that Owner will make available to City, or City will have access to, certain confidential and proprietary information of Owner, and its affiliates ("Confidential Information"). City acknowledges and agrees that any and all Confidential Information learned or obtained by City while conducting the preliminary investigation or otherwise, whether developed by City alone or in conjunction with others or otherwise, will not be used in any manner which is detrimental to Owner, will not be used other than in connection with City's Phase II Environmental Site Assessment, and will be safeguarded by City from unauthorized disclosure. IN WITNESS WHEREOF, Owner has executed this License and Right of Entry this ~6 ~ day of August, 2004. RICOH DEVELOPMENT OF CALIFORNIA, INC., a California corporation ç Terms and conditions are accepted by the City of Santa Ana ATTEST CITY OF SANTA ANA ~~- City Manager ~ ~ PATRIC!A E. HEALY City Clerk APPROVED AS TO FORM: .¡J <') ( ~gEpAH~l~~~ City Attorney