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20C - AA - DT SKATE PARK
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12/04/2018
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20C - AA - DT SKATE PARK
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Last modified
11/29/2018 7:17:46 PM
Creation date
11/29/2018 7:12:53 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
20C
Date
12/4/2018
Destruction Year
2023
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EXHIBIT 1 <br />RIGHT OF ENTRY AND LICENSE AGREEMENT <br />This Right of Entry and License Agreement C Agreement") is made and entered into as of <br />this_day of , 2018, by and between the CI'T'Y OF SANTA ANA, a charter city and <br />municpal corporation of the State of California C City'), and EAST ENI) REALTY <br />PARTNERS, LP, a California limited partnership ("Licence'). <br />RECITALS <br />A. The City is the owner of certain real property in the form of an alley located behind <br />the parking structure on the southwest comer of French and Spurgeon, in the City <br />of Santa Ana (APN #398-326.11), described as set forth in Exhibit A attached <br />herewith and incorporated herein by reference (" Property" ). <br />B. Licensee, owners of several properties in the downtown area, approached the City <br />with a request to enter onto the Property owned by the City to fund the design, <br />construction and maintenance of a new Skate Park in Downtown Santa Ana <br />C'Project"). <br />C. The City wishes to grant Licensee a right of entry and license to design, construct <br />and maintain the Project on the Property on a non-exclusive basis upon certain <br />terms and conditions. <br />NOW, THEREFORE, for good and valuable consideration, City and Licensee do hereby <br />agree as follows: <br />1. Right of Entry and License. Provided that all of the terms and conditions of this <br />Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to <br />Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right <br />and license to enter upon the Property to design, construct, and maintain the Project, and for no <br />other purposes without the prior written approval of the City. The Project shall include a Skate <br />Park and complementary uses, including, but not limited to, special events, competitions, and trade <br />shows as allowed pursuant to City event permits, as required. Licensee shall operate the Project <br />according to the operational standards attached herewith as Exhibit B and incorporated herein by <br />reference. It is expressly understood that this Agreement does not in any way whatsoever grant or <br />convey any rights of possession, easement or other cognisable property interest in the Property. <br />Upon termination of this Agreement, any improvements constructed by Licensee on the Property <br />shall be the property of the fee title owner of the Property. <br />2. Term. This Agreement shall commence on the Effective Date and terminate after <br />five (5) years, unless an extension or renewal is granted by City. Notwithstanding the foregoing <br />or any other provision of this Agreement, either City or Licensee may terminate this Agreement <br />with or without cause, or for any reason, at any time, by giving the other party thirty (30) days <br />written notice of termination at the address provided herein. <br />20C-3 <br />
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