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HomeMy WebLinkAboutLANG MARGARET AND GEORGE A. 1 - 2001 .. I ' .. N-2001-212 \- 3-o~ LICENSE AND RIGHT OF ENTRY 02- t', PUnt htJ. THIS LICENSE AND RIGHT OF ENTRY (License) dated as of Novembe~2001 is entered into by and between George A. Lang and Margaret M. Lang, co-trustees of the Lang revocable intervivos trust, (Licensors) and THE CITY OF SANTA ANA, a charter city and municipal Corporation duly organized and existing under the Constitution and laws of the State of Califomia (City). I. Recitals. 1.1 Licensors are the owners of real property located at 804 Baker Street in the City of Santa Ana, County of Orange, Califomia (Property). 1.2 Licensors desire the City to install an automatic gate opening system on the Property. 1.3 City has requested that Licensors grant to City a license and right of entry to enter upon the Property to enable City to install an automatic gate opening system. Licensors are willing to grant such a license and right of entry, upon the terms and conditions set forth below. 1.4 Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensors and City hereby agree as follows: 2. Grant of License. Licensors hereby grant to City, and its officers, agents, employees or representatives, the right and license to enter portions of the Property as reasonably necessary to complete the following work: a. Install an automatic gate opening system. b. Install all necessary electrical connections. If City removes any existing improvements in connection with its construction of the above work, City shall replace same using the same materials as the existing improvements. City shall provide Licensors with thirty (30) days advance notice of the commencement ofllie construction ofthe above work on the Property. 3. Repair and Maintenance. City shall be responsible for any and all damage to Licensors' property and improvements caused by reason of City's negligent or willful acts in connection with the construction of the automatic gate opening system. Promptly following any such damage, City shall, at its sole cost and expense, restore Licensors' property to the condition existing prior to such damage. 4. Indemnitv. City shall indemnify, defend, protect and hold Licensors, its affiliates and successors and assigns, and their respective partners, members, shareholders, officers, directors, employees, agents, contractors, tenants, licensees and invitees, free and harmless from and K,I WPDoeSID0081POO 1 10000254 7.Doe I . J against any and all claims, liabilities, damages, demands, costs, expenses (including, without limitation, attorneys fees and costs) and causes of action of all kinds, including, without limitation, claims relating to the death or injury to any person or persons, and/or from damage to or destruction of any property (real or personal) arising from City's negligent or willful acts resulting from the rights granted to City pursuant to this License. 5. License is Personal. The rights granted to the City under this License are personal to the City, and the City shall not assign, transfer, lease, pledge or otherwise dispose of its rights under this License without Licensors' prior expressed written approval. 6. Expiration of Ril!ht of Entrv. The City's rights under this License shall expire upon completion of the installation ofthe automatic gate opening system and in any event no later than April I, 2002, unless extended by written agreement between Licensors and City. IN WITNESS WHEREOF, Licensors and City have executed this License as ofthe date first written above. Licensors -7'/I.-n~"J;;> M r 7n, ~'?7 ' Marg et M. Lang By: ./k"-<'Jl~ ~~ /"~,-- ., ~ JIm Ross Executive Director of the Public Works Agency cit/~~ PA E. HIMY D Cll/Nt DflrH, fJDlINfJI! K,\ WPDOeS\D008\POO 1 \0000254 7.Doe ~~~ 4L~ George A ang I THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California <A 1.""7~: I~'-:e I,David N. Ream i r City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney &~~ / Cristine L Shaw Assistant City Attorney 2