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<br />IIWUIMNq, NOll¡EO~IREIi <br />\vei I, !" MAY PROCEED <br />CLlRK OF COUNCIL <br />DATE: I - ~O-o"¡ <br /> <br />A-2003-119 <br /> <br />epw/Ì <br /> <br />~ ~ ) This License Agreement is entered into on \ I;), 0 , 200~, by and between <br />. . the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California <br />("City"), and the LITTLE SAIGON BUSINESS DISTRICT COMMITTEE ("Licensee"). <br /> <br />NON-EXCLUSIVE LICENSE AGREEMENT <br /> <br />1. <br /> <br />ACKNOWLEDGEMENTS <br /> <br />a. Licensee certifies that it is a group of business persons that share a mutual interest in <br />promoting cultural diversity throughout Orange County and the City of Santa Ana. <br /> <br />b. The City owns or has an easement certain real property which consists of the public <br />right-of-way being the gutters, curbs and sidewalks of First Street (the "License Area"). The parties <br />agree and acknowledge that the License Area includes all real property belonging to the City as <br />described in greater detail in Exhibit A hereto. <br /> <br />c. Licensee desires to have the right to maintain and repair the sign, which it shall <br />construct ftont and rear as depicted in Exhibit A-I, so long as the City shall retain it therein. <br /> <br />2. <br /> <br />GRANT OF LICENSE <br /> <br />a. City grants to Licensee a personal, non-exclusive, revocable personal right and <br />license ("License") to Licensee to enter upon the License Area as hereinabove described and <br />shown in general in Exhibit A, attached hereto and incorporated herein by reference, for the <br />purpose of repairing, maintaining and ensuring the continued operation ofthe sign located in the <br />License Area. Nothing contained herein is intended, nor shall it be interpreted as, a commitment or <br />pledge by the City to retain the sign currently located in the License Area. <br /> <br />b. Licensee may not encroach upon the License Area for any other purpose or <br />business than those specified in paragraph 2.a., above, other than pedestrian purposes already <br />available to members of the general public, without obtaining the prior written consent of the <br />City's Executive Director ofthe Public Works Agency. <br /> <br />c. City will not be held responsible for loss of, or damage to, any improvements <br />made by Licensee in the License Area. <br /> <br />d. This License in no way abrogates the right of City to enforce its abatement of <br />public nuisance provisions. <br /> <br />e. This License is made subject and subordinate to the prior and continuing right of <br />City to use the public right-of-way, including without limitation, (i) the right to remove said sign <br />for any reason; and (ii) the right to undertake its own maintenance and graffiti removal in the <br />exercise of its sole and exclusive judgment. No action ofthe City shall relieve Licensee of its <br />duties under this License. <br /> <br />Page 1 of 5 <br />