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HomeMy WebLinkAboutKEVIN H. NUGYEN AND THU HANG T. BUIINSURANCE NOT REQUIRED WORK MAY PROCEED Q: Pt��u ) CITY CLERK D'$Ky�w ATE: MAY 14 2024 I' C N-2024-167 LICENSE AND RIGHT OF ENTRY [2034 Alco Avenue, Santa Ana, California] This license and right of entry is dated April 23, 2024 for identification purposes. We, Kevin H. Nugyen and Thu Hang T. Bui, as the legal owners ("Owner") of the property located at Assessor Parcel Number [004- 184-42], in the City of Santa Ana, County of Orange (the "Property"), do hereby grant The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and the laws of the State of California (collectively referred to as the "City"), the right to enter the Property and hereby grants to City a License and Right -of -Entry for the following purpose: Construction relating to the Fremont Elementary and Spurgeon Intermediate SPITS project Fiscal Year 22/23, which includes at this location the repairs of the concrete masonry unit (CMU) wall on the south side of the property and drainage improvements to help meet construction repairs of the CMU wall and provide better drainage flow for drain pipes that run through the wall, see attached EXHIBIT A. The City agrees to indemnify, defend, and hold harmless Owner from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to City's use of the Property or the entry by any City party on the Property, including without limitation, City's guests, invitees, or contractors. The City further agrees to repair any damage to the Property caused by the exercise of this License and Right of Entry at its sole cost and expense, and to restore the Property, with the exception of any improvements left thereon, as nearly as practicable to the state in which it existed prior to the use of the Property by the City. The rights herein granted to the City, are exclusive, and the City agrees not to assign, transfer, lease, pledge, or otherwise dispose of its License and Right -of -Entry without the prior express written approval of the Owner. This License and Right of Entry shall expire upon completion of said construction work, and in any event, no later than July 9, 2024 unless terminated earlier or extended by written agreement between the Owner and the City. CITY O FSA A ANA Ir Alvaro Nunez Acting City Manager H ~ Kevin H. Nguyen Property Owner ATTEST: = G Jennifer L. li — Thu Hang T. Bui City CI Property Owner APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: Sonia R. Carvalho City Attorney 4 �� By: Nabil Saba Ase Montoya Executive Director Assistant City Attorney Public Works Agency