HABITAT FOR HUMANITY OF ORANGE COUNTY 4-2010

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APR 2 4 2A6q N-2010-074 _ C_0A (2') V ~ C~K(V RIGHT OF ENTRY AND LICENSE AGREEMENT THIS RIGHT OF ENTRY AND LI ENSE AGREEMENT ("Agreement") is made and entered into as of day of 201 O by and between THE CITY OF SANTA ANA, a charter city and municipal corp gation organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), and Habitat for Humanity of Orange County, a non-profit corporation (herein referred to as "Licensee"), with respect to the following: RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, California described as follows: SEE EXHIBIT A, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1 121 S. Cypress, Santa Ana, California and referred to hereinafter as the "Property") B. Licensee desires to enter onto the Property owned by the City in order to undertake certain site investigation work. D. The City wishes to accommodate Licensee's desire to conduct testing on the Property on a non-exclusive basis by granting a right of entry and license to Licensee upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Licensee and City do hereby agree as follows: 1. Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right and license to enter upon the Property to (a) undertake site investigatory work, including but not limited to geotechnical soils testing, survey work and due diligence investigation for future development and for no other purposes without the prior written approval of the Deputy City Manager for Development Services. This Agreement shall automatically terminate and expire ninety (90) days after the date set forth above unless extended in writing by the City's Deputy City Manager for Development Services. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property. Upon termination of this Agreement, any improvements constructed by Licensee on the Property shall be the property of the fee title owner of the Property. 2. Agreement. By execution of this Agreement, Licensee agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: