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INSURANCE ON FILE A-2023-103 <br />WORK MAY PROCEED <br />UNTIL iNAKE XPIRES <br />CITY CLERK <br />DATE: <br />LICENSE AGREEMENT <br />This LICENSE AGREEMENT ("Agreement") is dated as of June 6, 2023, and entered into by and <br />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 Floral Neighborhood Association (FPNA), a <br />501(c)3 nonprofit community organization ("Licensee"). <br />s-- <br />RECITALS <br />N <br />CD A. The City owns or has an easement for public street/road purposes along, above and under <br />ft <br />the public street commonly knowns as Broadway (hereinafter "Street"), which is adjacent to thu Interstate <br />5 southbound off ramp as depicted on Exhibit A ("License Area"). <br />B. Licensee desires to construct, maintain and repair ("Permitted Uses") a wrought iron fence <br />("Fence") at the License Area as depicted on Exhibit B. <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 the date first written above, for the Permitted Uses described in <br />Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance <br />of all of its obligations under this Agreement. The initial term of the license shall be three (3) years. At the <br />expiration of the initial term, this Agreement shall continue from year to year under its then existing <br />conditions unless and until a party hereto gives the other no less than 90 days written notice of termination <br />prior to expiration of the initial term or of the one year extension then in effect.. This Agreement is intended <br />and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any <br />possessory or other interest. <br />2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, <br />restore the License Area to its original condition in which it existed immediately prior to the Agreement by <br />removing the Fence, to the reasonable satisfaction of the City and leaving the License Area in a neat and <br />clean condition, free of trash and debris, and removing all property and materials of Licensee. Licensee <br />shall cause the License Area to be cleaned, with such work to be completed no later than the times specified <br />in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited <br />purpose of allowing 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 />4. Duties of the Parties. <br />A. Licensee Duties. <br />By execution of this Agreement, Licensee agrees for itself and on behalf of its employees, agents, <br />consultants and contractors as follows: <br />Page 1 of 5 <br />