ST. JOSEPH HELATH SYSTEM - 2014 - Laserfiche WebLink

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NXI INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DAM ::G:I14/Ct) RIGHT OF ENTRY PERMIT 1V- 201 -4 -073— dcdt> s THIS RIGHT OF ENTRY PERMIT ( "Permit ") is made as of May 1, 2014 ( "Effective Date "), by and among St. Joseph Health System, a California nonprofit public benefit corporation ( "SJHS "), Taller San Jose, a California nonprofit public benefit corporation ( "TSJ ") and Petra Integrated Construction Strategies, LLC, a Delaware limited liability company ( "PICS ") collectively "Licensee ", and the CITY OF SANTA ANA ( "City ") with reference to the facts set forth below, RECITALS A. City owns that certain real property located in the City of Santa Ana at 203 -205 West Civic Center Drive, Santa Ana, California, commonly referred to as the YMCA Building ( "Property "). B. Licensee desires to enter the Property to conduct visual inspections, physical testing, air samplings, borings, and other samplings. C. Including but not limited to, observing and documenting the Property's as -built conditions, exposing and documenting hidden conditions at the Property, by limited removal of interior non - historic fixtures and finishes, performing certain non - destructive testing of materials at the Property, extracting concrete core samples in interior non - historically sensitive locations, in connection with the proposed rehabilitation and reuse of the Property (the "Work'). AGREEMENT NOW, 'THEREFORE, in consideration of the promises, mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby covenant, declare and agree as set forth below: 1. Permit to Enter Upon Property. City hereby grants Licensee and its agents, consultants, contractors, subcontractors, employees, representatives, and attorneys (collectively, "Licensee's Agents ") a license and permission to enter upon, over, under and/or across the Property in order to conduct the Work. The Work shall be completed at Licensee's sole cost and expense. If Licensee or Licensee's Agents take any sample from the Property in connection with any such approved testing, Licensee shall use City's Generator ID number in connection with such tests. 2. Government Regulations. Licensee shall obtain, at its sole cost and expense, all governmental permits and authorizations required by any and all governmental agencies for performance of its Work on the Property. 3. Term. Licensee or Licensee's Agent shall contact City within five (5) days prior to the time of actual entry onto the Property and provide notice of the date and time when entry will be made ( "Notice "). The term of this Permit granted to Licensee over the Property commences on the date when Notice is given and terminates and expires ten (10) days after 1 47997465.2