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iNSURA V- iy0_f ON FILE WORK MA, A-0 PROCEED CLERK Or COUNCIL DATE; tt�r 29 pts CDA (0) LICENSE AGREEMENT N-2018-087 This License Agreement ("License") is entered as of the 1!57 day of Aqgq 2018, by and between the CITY OF SANTA ANA, a California charter city in the County of Orange of the State of California ("City") and NET DEVELOPMENT CO., INC., a California corporation ("Developer"). RECITALS: 1.1 The property contemplated is located at 2129 North Main Street, Santa Ana, CA, APN's 003-113-80 & 003-113-81, and more particularly described in the legal description attached hereto as Exhibit "A" and incorporated by reference herein ("Property"). Developer proposes to develop a hotel on the Property ("Project"). 1.2 Pursuant to a Sale Agreement and Escrow Instructions, City Agreement No. A- 2017-118, City will be selling the Property to Developer for the Project. 1.3 The Developer wishes to install temporary fencing along the west and south property lines in order to prohibit traffic on the Property ("Work"). AGREEMENT 2.1 In consideration of the mutual promises and covenants contained herein, the City does hereby grant to Developer, its employees, contractors, agents, representatives and assigns ("Licensees"), the right to enter upon the Property for the purpose of completing the Work. 2.2 The Licensee, in return for City granting permission to enter the Property, agrees: 2.2.1 To retain a qualified contractor ("Contractor") to perform the Work and to determine, in Developer's sole and absolute discretion and without any liability resulting to the City, and their officials, officers, employees, agents and attorneys from such determination, whether or not further Work must be done. 2.2.2 To require the Contractor to not unreasonably interfere with any operation, or other work or activities conducted on-site by the City. 2.2.3 To require the Contractor to perform the Work in a safe and workmanlike manner, and in accordance with all applicable laws, ordinances, permits and regulations. 2.2.4 Licensees shall have the right, at their sole cost, expense and liability, to commence the Work at the Property. Any Work shall be undertaken only after securing any necessary permits, at Licensees' sole cost and expense, from the appropriate governmental agencies. Licensees shall use care and consideration in connection with any of the Work and City shall have the right to be present during any Work performed at the Property.