|
INSURANCE ON FILE A-2023-155
<br /> MAY PROCEED
<br /> UNTIL iR•;,URANCE EXPIRES
<br /> II -1-S
<br /> CITY CLERK
<br /> DATE b 2‘")Pr
<br /> L) 25 2024
<br /> LICENSE AGREEMENT
<br /> (Okot. £i1(cxs) AA"(
<br /> This LICENSE AGREEMENT ("Agreement") is dated as of August 29, 2023, and entered into
<br /> by and between the CITY OF SANTA 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
<br /> 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 OrangeCounty School of the Arts(hereinafter OCSA)
<br /> campus.
<br /> B. City owns or has an easement for public street/road purposes along,above and under the
<br /> public street commonly known as Tenth Street(hereinafter"Street'),which was granted or dedicated to
<br /> 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
<br /> in the Office of the County Recorded of County of Orange,State of California(hereinafter"Public Right-
<br /> of-Way").
<br /> C. The Street is located between Sycamore Street and Main Street, which abuts the OCSA
<br /> Campus,as depicted on Exhibit A(hereinafter"License Area").
<br /> D. Licensee desires to use the License Area for purposes of installing the Area Improvements
<br /> (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
<br /> 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
<br /> 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
<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 August 15, 2023, for the Permitted Uses described in Recital D,
<br /> upon 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 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
<br /> 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.
<br /> 1
<br />
|