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INSURANCE N01 ?,OON All <br />CEEI <br />WORK MAY N ?' <br />CLERK OF COUNCIL <br />A-2010-111 <br />nATF.. <br />-,RIGHT OF ENTRY AND LICENSE AGREEMENT <br />THIS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made <br />and entered into this 6th day of July, 2010 by and between the CITY OF SANTA ANA, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />cc the State of California, (hereinafter referred to as the "CITY"), and SANTA ANA <br />PROPERTIES LLC, a California limited liability company (herein referred to as "LICENSEE"), <br />with respect to the following: <br />4 <br />RECITALS <br />o- a. LICENSEE owns that certain property located at 1500 Auto Mall Drive, Santa <br />Ana, CA (hereinafter "Premises I"), on which LICENSEE operates an auto dealership. <br />b. LICENSEE owns, or has the right to use, that certain property located at 1455 <br />Auto Mall Drive, Santa Ana, CA (hereinafter "Premises2"), on which LICENSEE proposes to <br />operate an auto dealership. <br />C. CITY owns or has an easement for public utility purposes along, above and under <br />the public street commonly known as Auto Mall Drive, which abuts the premises owned by <br />LICENSEE. <br />d. LICENSEE desires a license to install, maintain and repair a fiber optic cable <br />from Premises 1 to Premises 2 below the surface of a portion of Auto Mall Drive (hereinafter <br />referred to as "License Area"), as described in Exhibit A and depicted in Exhibit B, attached <br />hereto and incorporated by reference. <br />NOW, THEREFORE, for good and valuable consideration, LICENSEE and CITY do <br />hereby agree as follows: <br />1. Right of Entry and License. Provided that all of the terms and conditions of this <br />Agreement are fully satisfied, as of the Effective Date of this Agreement CITY hereby grants to <br />LICENSEE and its employees, agents and contractors the nonexclusive, non-assignable, <br />personal, revocable right and license to enter upon said License Area for the purpose of <br />installing an underground conduit with the capacity to run a fiber optic cable from Premises 1 to <br />Premises 2. It is expressly understood that this Agreement does not in any way whatsoever grant <br />or convey any rights of possession, easement or other cognizable property interest in said <br />Property. Said License shall include the right to install, maintain and repair said fiber optic <br />cable. <br />2. Agreement. By execution of this Agreement, LICENSEE agrees for itself and on <br />behalf of its employees, agents, consultants and contractors as follows: <br />(a) All work shall comply with the current edition of the Standard <br />Specifications for Public Works Construction (Green Book) and all applicable City Ordinances, <br />Standards and Specifications currently in effect. The work, including method of installation and <br />limits of construction of the fiber optic cable shall be depicted on a plan and shall be subject to