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<br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXelRES <br />J 2. -d' -0+ <br />CLERK OF COUNCIL <br />DATE: r"~ -0+ NON-EXCLUSIVE LICENSE AGREEMENT <br /> <br />c.: ~~ This License Agreement is entered into on /1,2004, by and between <br />(jJ./d.+t. the CITY OF SANTA ANA, a charter city and munici al corporation of the State of California <br />("City"), and the HUTTON CENTRE COMMON AREA ASSOCIATION ("Licensee"). <br /> <br />N-2004-097 <br /> <br />" <br />. <br /> <br />1. <br /> <br />ACKNOWLEDGEMENTS <br /> <br />a. The City owns or has an easement certain real property which consists of the public <br />right-of-way being the landscaped medians on Hutton Center Drive (the "License Area"). The <br />parties agree and acknowledge that the License Area includes all real property belonging to the City <br />as described in greater detail in Exhibit A hereto. <br /> <br />b. Licensee desires to maintain the landscape median and to have the right to maintain <br />and repair the sign, which it shall construct front and rear as depicted in Exhibit A, so long as the <br />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 maintaining the landscaped medians and repairing, maintaining and ensuring the <br />continued operation of the sign located in the License Area. Nothing contained herein is intended, <br />nor shall it be interpreted as, a commitment or pledge by the City to retain the sign currently located <br />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 ofthe general public, without obtaining the prior written consent of the <br />City's Executive Director of the 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 cause after the City provides 30 days notice to the Licensee; and (ii) the right to undertake its <br />own maintenance and graffiti removal in the exercise of its sole and exclusive judgment. No <br />action of the City shall relieve Licensee of its duties under this License. <br /> <br />Page 1 of 5 <br /> <br />