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N-2001-092 oG a CAD J+t LICENSE AND RIGHT OF ENTRY THIS LICENSE AND RIGHT OF ENTRY (this "License") dated as of April jA, 2001 is entered into by and between NMC SANTA ANA, LLC, a California limited liability company ("Licensor"), 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 California ("City"). Recitals. 1.1 Licensor is the owner of certain improved real property situated in the City of Santa Ana, County of Orange, California, commonly known as Bristol Warner Village, as more particularly described on Exhibit "A" attached hereto (the "Property"). 1.2 Pursuant to that certain Corporation Deed recorded on December 2, 1975 in the Official Records of Orange County, State of California, as Instrument No. 14682, Licensor's predecessor -in -interest granted to City an easement for street purposes ("Street Easement") over certain portions of the Property (the "Right -of -Way Areas"). 1.3 City now desires to exercise its rights under the Street Easement. In connection with said exercise, City desires to construct certain street, sidewalk, drainage and other improvements related to City's Warner Avenue Rehabilitation Project (collectively, "City Improvements") within that portion of the Right -of -Way Areas as is shown on Exhibit 1 attached hereto (the "Subject Right -of -Way Area") and upon a portion of the Property immediately adjacent to the Subject Right - of -Way Area. 1.4 City has requested that Licensor grant to City a license to enter upon the Property to enable City to construct portions of the City Improvements which are immediately adjacent to the Subject Right -of -Way Area. Licensor is willing to grant such a license, upon the terms and conditions set forth below. 1.5 Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and City hereby agree as follows: Grant of License. Licensor does hereby grant to City, and its officers, agents, employees or representatives, the right and license to enter portions of the Property immediately adjacent to the Subject Right -of -Way Area (excluding entry within any structures) as reasonably necessary to complete the following work as more particularly depicted on Exhibit 1 attached hereto and provided that all such work is limited to and completed in accordance with the plans and specifications (collectively, the "On -Site City Improvements"): (1) reconstruct portion of existing sidewalk to maintain wheelchair access to the site; (2) construct two (2) parkway culverts to connect to existing on -site drainage pipes; (3) construct 6" curb to join to existing curb; and (4) reconstruct one foot (1) \\LAW\SYS\DOCS\NE WMARK\SANTAANA\LICENSES.DOC CN e