DOWNTOWN INC. AND SANTA ANA BUSINESS COUNCIL 23

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INSURANCE NOT REQUIRED-part WORK MAO MOCEED N-2018-118 CLERK CI COUNCIL DATE WILL 2 2018 STREET FURNITURE LICENSE AGREEMENT THIS STREET FURNITURE LICENSE AGREEMENT ("Agreement") is made and entered into as of TUB_, 2018, by and between the CITY OF SANTA ANA, a public body, corporate and politic ("Licensor"),""D'OWNTOWN, INC. ("DTI"), and the SANTA ANA BUSINESS: COUNCIL ("SABC"). DTI and SABC shall herein be individually known as a "Licensee" and together known as the "Licensees." RECITALS a. Licensor is the owner of certain movable chairs (44 total), tables (17 total), and umbrellas (4 total) ("Street Furniture") that are the subject of this Agreement. b. Licensee desires to use the Street Furniture owned by the Licensor for special events in the Downtown area pre -approved by Licensor. c. Licensor wishes to accommodate Licensees' desire to use the Street Furniture on a non- exclusive basis by granting a license to Licensees upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Licensees and Licensor do hereby agree as follows: 1. License Provided that all of the terns and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement, Licensor hereby grants to each Licensee, and its employees, agents and contractors, the non-exclusive, non -assignable, personal right and license to use certain movable chairs (44 total), tables (17 total), and umbrellas (4 total) ("Street Furniture") owned by Licensor for special events pre -approved by Licensor as detailed in the schedule attached herewith as Exhibit A and incorporated herein by reference, and for no other purposes without the prior written approval of Licensor. 2. Term This Agreement shall begin on the date first written above ("Effective Date"), and terminate on June 30, 2019. The term of this Agreernent may be extended upon a writing executed by the City Manager and the City Attorney. 3. Ownership It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Street Furniture. Upon termination of this Agreement, any improvements by Licensees to the Street Furniture shall be the property of the fee title owner of the Street Furniture, unless Licensor requires Licensees to remove the same.