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-3 Seaur~ . AUG 1 9 2010 LICENSE AND RIGHT OF ENTRY N-2010-078 Amy rAn~ Far West Fairhaven, Ltd., a Limited Partnership, (hereinafter referred to as "Licensor"), does hereby grant to City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and/or laws of the State of California, its officers, agents, employees or representatives (collectively referred to as the "Licensee"), the right to enter and construct improvements for the At-Grade Rail Safety Enhancement Project in the City of Santa Ana to facilitate the City's application for a Quiet Zone permit. Improvements include the installation of safety improvements, as well as the closure of Fairhaven, as shown on the real property described as follows: SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF This permission is granted subject to the following conditions being fulfilled by City: (A) It is understood that this permission to enter is not a waiver in any way of the right of compensation for such land or of any remedy authorized by law to secure payment. (B) Improvements will be constructed as shown in the Exhibit "C" drawings. (C) During construction of driveway approaches, access to the business will be maintained at all times. In some cases, construction of one-half of a driveway approach at a time may be required. In this case, the contractor shall provide a temporary asphalt driveway to the business until a permanent concrete driveway is constructed. At no time shall the contractor block access to the business during construction. (D) The Licensee agrees to indemnify and hold harmless, Licensor, from any liability arising out of the Licensee's exercise of this License and Right-of-Entry. The Licensee further agrees to repair any damage to said property caused by the exercise of this License and Right of Entry at its sole cost and expense and to restore said property, with the exception of the improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the property by the Licensee. The rights herein granted to the Licensee, are exclusive, and the Licensee agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right of Entry without the prior expressed written approval of the undersigned. No right of entry to existing buildings is conveyed by this instrument. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than November 15, 2010, unless extended by written agreement between the undersigned and the Licensee. SELLER: CITY OF SANTA ANA Far West Fair a ited Partnership a charter city and municipal corporation duly organized and existing under the Constitution and laws of the ate of California By: n Name: (C-KM.V (.J S ! L Vc=.C BY: Title: David N. Ream, City Manager APPROVED AS TO FORM: By: JOSEPH W. FLETCHER City Attorney Name: p Title: BY: Date V LO ,49&e -)Sandoval a aging Senior Assistant City Attorney ATTE MARIA D. HUIZAR CLERK OF THE COUNCIL