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11ARANCE NOT ON FILE RK MAY NOT PROCEED GL,ERK OF COUNCIL DATE: AUG 16 2021 N-2021-159 (a (I Sgbcl LICENSE AGREEMENT D = pw (no M- his LICENSE AGREEMENT ("Agreement") is dated as of August 16, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and SRK Engineering, Inc. ("Licensee"). RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as 2101 (APN 015-194-17) and 2109 (APN 015-194- 41), as depicted on Exhibit A ("License Area"). B. Licensee is a subcontractor for City Project No. 21-6451 ("Project"), entitled South Main Street Corridor Improvements, where CS Legacy, Inc. is the prime contractor with the City. C. Licensee desires to use the License Area for purposes of "storing vehicles, materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). D. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: License. a. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on August 16, 2021, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until February 16, 2022 unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. City reserves the right to immediately suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. b. Hours of Operation: All Permitted Uses and work at the License Area shall be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday, unless otherwise provided in writing by City, such consent not to be unreasonably withheld. 2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. Page 1 of 5