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LICENSE AGREEMENT
<br />This LICENSE AGREEMENT ("Agreement") is dated as of August 29, 2023, and entered into by and between the CITY OF SANT A ANA, a charter city and municipal corporation existing under
<br />the Constitution and laws of the State of California ("City"), and The Legacy Fund ("Licensee"), a California non-profit public benefit corporation.
<br />RECITALS
<br />A.Licensee owns that certain real property located at 921 North Main Street and 1000 North
<br />Main Street, described as Parcel 2 of Lot Line Adjustment No. 2014-01, Instrument Number
<br />2014000501842, Official Records, Orange County (APN 005-185-34), and a portion of Lot 9 of the
<br />Columbia Tract, Book 7, Page 17 of Miscellaneous Maps, Official Records, Orange County (APN 398-
<br />562-09), which is occupied by Licensee as part of the Orange County School of the Arts (hereinafter OCSA)campus.
<br />B.City owns or has an easement for public street/road purposes along, above and under thepublic street commonly known as Tenth Street (hereinafter "Streef'), which was granted or dedicated to the City on documents recorded in Book 105, Page 369 of Deeds, and as Instrument Number
<br />2009000365812 of Official Records, and as Instrument Number 2009000365808, of Official Records, all in the Office of the County Recorded of County of Orange, State of California (hereinafter "Public Rightof-Way").
<br />C.The Street is located between Sycamore Street and Main Street, which abuts the OCSACampus, as depicted on Exhibit A (hereinafter "License Area'').
<br />D.Licensee desires to use the License Area for pur poses of installing the Area Improvements(as defined below) and allowing OCSA students, faculty and school staff to occupy License Area to eat lunch,
<br />rest in between classes, present outdoor performances, host festivals and school club activities, conduct campus emergency drills, and facilitate community engagement activities ("Permitted Uses"). Area
<br />Improvements include the installation of trees, painted graphics over street surfaces, traffic gates, placement of moveable outdoor :furniture, equipment, and materials (hereinafter "Area Improvements") as set forth
<br />and identified in Exhibit B, attached hereto and incorporated herein by this reference.
<br />E.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 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 enterand use the License Area beginning on August 15, 2023, for the Permitted Uses descnbed in Recital D, 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 August 14, 2033, unless
<br />extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The
<br />License may be extended up to five years, up to two times. In no case, under this agreement, shall the
<br />license be extended beyond August 14, 2043. The License may be terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the
<br />License Area and not as a lease or grant of any possessory or other interest. 1 EXHIBIT 3
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<br />City Council 12 – 5 8/29/2023
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