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INSURANCE NOT ON FILE A-2018.272 WORK MAY N PROCEED CLERK OF COUNCIL DATE: JAN 2 2 201-2IGHT OF ENTRY AND LICENSE AGREEMENT 0 CpA�) Mrkfa Ox -904-4 This Right of Entry and License Agreement ("Agreement") is made and entered into as of this 4th day of December, 2018, by and between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California ("City'), and EAST END REALTY PARTNERS, LP, a California limited partnership ("Licensee"). A. The City is the owner of certain real property in the form of an alley located behind the parking structure on the southwest corner of French and Spurgeon, in the City of Santa Ana (APN #398-326-11), described as set forth in Exhibit A attached herewith and incorporated herein by reference ("Property'). B. Licensee, owners of several properties in the downtown area, approached the City with a request to enter onto the Property owned by the City to fund, the design, construction and maintenance of a new Skate Park in Downtown Santa Ana ("Project'). C. The City wishes to grant Licensee a right of entry and license to design, construct and maintain the Project on the Property on a non-exclusive basis upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, City and Licensee do hereby agree as follows: 1. Right of Entry and License. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its employees, agents and contractors the nonexclusive, nonassignable, personal right and license to enter upon the Property to design, construct, and maintain the Project, and for no other purposes without the prior written approval of the City. The Project shall include a Skate Park and complementary uses, including, but not limited to, special events, competitions, and trade shows as allowed pursuant to City event permits, as required. Licensee shall operate the Project according to the operational standards attached herewith as Exhibit B and incorporated herein by reference. 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 Property. Upon termination of this Agreement, any improvements constructed by Licensee on the Property shall be the property of the fee title owner of the Property. 2. Term. This Agreement shall commence on the Effective Date and terminate after five (5) years, unless an extension or renewal is granted by City. Notwithstanding the foregoing or any other provision of this Agreement, either City or Licensee may terminate this Agreement with or without cause, or for any reason, at any time, by giving the other party thirty (30) days written notice of termination at the address provided herein.