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Home My WebLink AboutWORLD OIL MARKETING COMPANY (RIGHT OF ENTRY) , N-2007 -072 o. f'lcInll1Na ('1 X Lvcy b Yll>Q\JS) ... Blcl.'3 RIGHT OF ENTRY World Oil Marketing Company (hereinafter "Owner") does hereby grant the City of Santa Ana, a charter city and a municipai corporation duly organized under the Constitution and laws of the State of California, its agents or representatives, the right to enter the property located at 1702 North Broadway, in the City of Santa Ana, County of Orange, for the purpose of the following: (1) To conduct the queuing intrusion study pursuant to the Conditions for Approval for City of Santa Ana's Variance No. 2004-13, specifically items 9(a) through 9(k) located in Exhibit A to the resolution dated August 22, 2005. The queuing intrusion study includes people and any equipment used to conduct the queuing intrusion study. (2) To remove pumps 1 and/or 2 as identified on Exhibit "1" attached hereto and incorporated as though fully set forth herein if World Oil Marketing Company fails to remove the pump(s) pursuant to the Conditions for Approval for City of Santa Ana's Variance No. 2004-13, specifically items 9(e) and 9(f) located in Exhibit A to the resolution, dated August 22, 2005. (3) To lock pumps 1 and/or 2 as identified on Exhibit "1", so as to become inoperable if World Oil Marketing Company fails to remove the pump(s) pursuant to the Conditions for Approval for City of Santa Ana's Variance No. 2004-13, specifically items 9(e) and 9(f) located in Exhibit A to the resolution, dated August 22, 2005. It is within the City's sole and absolute discretion whether to exercise its rights via item (2) or item (3) once a queuing intrusion has been deemed to have occurred. The right granted to the City of Santa Ana, and its consultants, agents, or representatives is personal, and the City of Santa Ana agrees not to assign, transfer, lease, pledge, or otherwise dispose of this without the prior express written approval of the undersigned. No right of entry to existing buildings is granted by this instrument. This Right of Entry for item (1) above shall commence on the date of the issuance of the Certificate of Occupancy and shall continue until the applicant has requested in writing the return of the funds, and the City has returned said funds, accordance with the Conditions of Approval for City of Santa Ana's Variance No. 2004-13, specifically items 9(i) located in Exhibit A to the resolution dated August 22, 2005. The Right of Entry for items (2) and (3) above shall commence on the 61st day after the written notification of the queuing intrusion in accordance with the Conditions of Approval for City of Santa Ana's Variance No. 2004-13, specifically items 9(e) and 9(f) located in Exhibit A to the resolution dated August 22, 2005, if Owner does not remove the pump(s) as required by the above mentioned conditions of approval. The Right of Entry shall continue to be in effect until the necessary pump(s) have been removed by the City or by the Owner. If the City locks pumps 1 and/or 2, this right of entry shall allow the City to (1) inspect the lock(s) to insure the lock(s) is properly functioning (2) to inspect the pump(s) to insure the pump(s) remain inoperable and (3) to perform any lock maintenance. Property Owner agrees to indemnify, defend and hold harmless the City and its respective officers, agents, employees and representatives, from and against any and all loss or damage and from any and all suits, actions, and claims filed or brought by any person or persons arising out of City's entry and/or use of the Property pursuant to this Right of Entry. Dated: ::r .....Vle.. \ q . :;l..()o"l 0.6) ~J CITY OF SANTA ANA A charter city and municipal corporation ~L~ Karen Haluza Planning Manager APPROVED AS TO FORM: Joseph W. Fietcher City Attorney By: Ky O. Otto Assist t City Attorney A~, .~~ l~~~J~ I c/l.PATRICIA E. HEAt;y '1 CLERK OF THECOlINCIL ._ ,~ -- ----- ~,:,~~ m ~ ~- ~a,.,s ,3~~ = a , ~*i~mvi~-~ ,.x~e~'~auinvurn no oeo K . -„~' W @ i ~~~ ti °_~ .i , ~ 77G:4~ :-.1yCt~~ o¢ .{ 9. ff~ F I:N I 1' LJ, ~I ~' Exhibit 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California G (G.5 ss. County of Las Q n~ On `'J 6l'Vf a ~q r 2"OD`~ before me, ~G'S51 Ls~' 1 o vY ES c..Drr +sl Tl D"~'ytt~y Oeie ~ ebGf't" L• - ~~ a f9 me antl Til4 of OMicer (e.g., "Jere DOe. NOtery Pu01,C) personally appeared Y J Q~•'~.~ , Neme(s) of St9ner(s) G personally known to me proved to me on the basis of satisfactory evidence to be the persons whose namey'gj is/a~" subscribed to the within instrument and acknowledged to me that he/~k~/tdle¢'executed IESSICAIORRESCORTEB the same in hisAQ1~ authorized ' ' , Commlubrt•14661b7 capacityQtfi} , and that by his/E1m thBQ[ signaturejaQ'on the instrument the persort~ or Notary PubAc Cdldllb ~~ the entity upon behalf of which the personps~ ~ My Comm.EzpkesPeb6,2008 acted, executed the instrument. /J ~ WITNESS 1ny hant}en official seal.~~-„~/ /\ \ ~ / J,•Y ` `~ _ \ /(~ -~~ ~ ` [ / / V Signaare of Noary P (/ / OPTIONAL Though the inlormation below is not required by law, if may prove valuable (c persons relying on the document and could prevent fraudulent removal and reattachment c/this loan to another document. Description of Attached Document Ttle or Type of Document: ~sght- Document Date: ~t't'`^ ~ l~l t 4Z0 D, Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer Signer's Name: RObG.v'~ ~J. 'Ra"~'1,~ I_l Individual Corporate Officer -Title(s): _ Partner - O Limited ^ General ^ Attorney-in-Fact 7 Trustee ~ Guardian or Conservator C Other: Signer Is V~lo v ld D: l Ular kei; ~ Co Number of Pages: +~~~' ~v~sidtK-{- Top of Ihumb here i Gt p 1999 National Notary Assoca0on • 9350 Oe Soto Ava, PO. Bex 2482 • ChahWMih, CA 913132402 • www.naUOnalnotary.o~g Pmtl. No 590] Reorder. Catl To14Ree 1-800-0]6682]