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Last modified
8/24/2022 2:13:22 PM
Creation date
5/25/2022 12:58:17 PM
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Contracts
Company Name
NOVA ACADEMY
Contract #
A-2022-057
Agency
Parks, Recreation, & Community Services
Council Approval Date
4/19/2022
Expiration Date
6/30/2025
Insurance Exp Date
7/1/2023
Destruction Year
2030
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INSURANCE ON FILE A-2 0 2 2-0 5 7 <br />WDRK MAY PROCEED <br />UNTIL INSURAtNCE IX�� Z <br />; <br />DATEOF COUNCIL LICENSE AGREEMENT WITH NOVA ACADEMY <br />DATE: <br />This LICENSE AGREEMENT ("Agreement") is dated as of April 19, 2022, and entered into by <br />and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the <br />Constitution and laws of the State of California ("City"), and NOVA Academy, a California non-profit <br />corporation ("Licensee"). <br />o : PKe kfaKema k) (3M� 1 <br />RECITALS <br />A. The City is the owner of that certain real property located in the City of Santa Ana, County <br />N of Orange, California, more specifically identified as 210 N. Birch Street, also known as Birch Park, and <br />N 502 W. Santa Ana Boulevard, also known as Sasscer Park, as depicted in Exhibit A ("License Area"). <br />era <br />c� B. Licensee desires to use the License Area for purposes of an evacuation relocation site for <br />Licensee in the event of an emergency and for emergency drills as they may be scheduled by Licensee from <br />Qtime to time during the License period ("Permitted Uses"). <br />C. The City has agreed to grant Licensee a license to use the License Area, on the terms and <br />conditions set forth in this Agreement. <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter <br />and use the License Area beginning on April 19, 2022, for the Permitted Uses described in Recital B, upon <br />the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its <br />obligations under this Agreement. This License shall remain in effect until June 30, 2025. The term of this <br />License may be extended for two (2) one-year periods upon a writing executed by the Executive Director <br />of the Parks, Recreation, and Community Services Agency, or his or her designee. The License may be <br />terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be construed <br />only as a revocable license to use the License Area and not as a lease or grant of any possessory or other <br />interest. <br />To facilitate NOVA's Permitted Use under this License, City will provide the Administrative <br />Director of Licensee five (5) keys for the gate at Birch Park to be distributed to and used by Licensee <br />personnel designated by the Administrative Director of Licensee. These keys shall be returned to City at <br />the expiration or earlier termination of this License. <br />2. Restoration and Clean Up. At its sole cost, Licensee shall, after each use of the License <br />Area, restore the License Area to its original condition in which it existed immediately prior to the <br />Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free <br />of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License <br />Area to be cleaned, with such work to be completed no later than the times specified in the License as stated <br />in paragraph I above, and the License shall be extended to such time for the limited purpose of allowing <br />the cleaning work to be completed. <br />3. Compliance with Laws. Licensee shall cause all activities of Licensee under this <br />Agreement and all activities on the License Area to be performed in compliance with all applicable federal, <br />state, and local laws, ordinances, and regulations, and permits. <br />Page 1 of 5 <br />
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