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A-2019-077 oi6URIANCEpN NI.E v'IORK MAY PROCEED t)Nilt- VS41RANCEEXPIRES N GIl ,�-44 ERK t LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA LAND DYER BUSINESS PARK, LLC FOR EXCLUSIVE USE OF PROPERTY OWNED BY THE CITY OF SANTA ANA. This LICENSE AGREEMENT ("Agreement") by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Dyer Business Park, LLC, ("Licensee"), is made and entered into on May 22, 2019 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. On April 8, 2019, the City issued Request for Proposal No. 19-007, by which it sought operators to enter into an exclusive license agreement to utilize real property owned by the City, on a temporary basis, at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, California, as particularly described in Exhibit A, attached hereto and incorporated by reference ("Property"). B. The Property is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five years of the date of this Agreement. While the Property is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (MI). C. Licensee is a diversified real estate company responsible for the acquisition, design, development, constructions and management of business parks, shopping centers, apartment communities and mixed -use environments, who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RFP No. 19- 007. D. Licensee desires the use of and access to the Property for the purpose of temporary harking of Licensee's vehicles and 'vehicles belonging to future tenants of Licensee. City desires to allow Licensee the exclusive use of and access to the Property for this purpose alone ("Permitted Uses"), which is compatible to the permissible uses under the Light Industrial Use (M1) zoning designation described in Exhibit B. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. GRANT OF EXCLUSIVE LICENSE 1.1 Grant of Exclusive License. The City hereby pnants to Licensee an exclusive license for the right to enter and use the Property beginning on the Effective Date, for the Permitted Page 1 of 13