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/_&ZI]W111*3 <br />INSURANCE NOT ON FILE <br />WORK MAY NO PROCEED <br />CLERK OF COUNCIL <br />0 DATE: <br />D'. 2� A\ti) <br />M N\:� <br />TEMPORARY OUTDOOR DINING <br />LICENSE AGREEMENT <br />EXI <br />This TEMPORARY OUTDOOR DINING LICENSE AGREEMENT (hereinafter <br />"License Agreement"), entered into this 71h day of May, 2019, by and between the City of Santa Ana, <br />a charter city and municipal corporation of the State of California (hereinafter "City"), East End <br />Realty Partnership, LP, and Wursthaus, Inc. (hereinafter collectively "Licensee") is made with <br />reference to the following: <br />RECITALS: <br />WHEREAS, City owns certain real property located at 325 E. 4'h Street; and <br />WHEREAS, the property is currently used as a public plaza maintained by the Parks, <br />Recreation, and Community Services Agency and the public plaza is known as Plaza Calle Cuatro (the <br />"Plaza") as more particularly described in Exhibit "A'; and <br />WHEREAS, City and Licensee desire to enter into a License Agreement to allow temporary <br />outdoor dining activities within a portion of the Plaza, upon the terms and conditions set forth herein, <br />adjacent to real property located at 301-305 E. 4'h Street, Suite 106, City of Santa Ana, County of <br />Orange, State of California (the "Property") which is further described in Exhibit `B'; and <br />WHEREAS, the approval of this License Agreement is to implement temporary outdoor <br />dining activities directly associated with a business having frontage along and sharing a property line <br />with the Plaza. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: <br />1. TERM AND PURPOSE OF LICENSE <br />The City hereby grants to Licensee upon each of the covenants and conditions set forth herein for a six <br />(6) month period commencing on June 1. 2019, and ending on November 30, 2019, unless earlier <br />terminated as herein set forth, a license to conduct outdoor dining activities within an open area <br />consisting of 200 square feet located near the southwest comer of the Plaza adjacent to certain real <br />property located at 301-305 E. 4'h Street, Suite 106, in the City of Santa Ana, County of Orange, State <br />of California, more particularly described in Exhibit "C" attached hereto and incorporated herein by <br />reference (hereinafter referred to as the "Licensed Premises"). This Agreement is intended and shall <br />be construed only as a revocable license to use the Licensed Premises and not as a lease or grant of <br />any possessory or other interest. <br />2. LICENSED PREMISES AND USE <br />(a) The Licensed Premises covered by this License Agreement shall be only such as <br />described in Paragraph 1 and Exhibit "C" hereto. Licensee shall not use any premises or property <br />that is not specifically described herein. The products Licensee shall dispense on the Licensed <br />Premises are food and beverage products only. <br />1 of <br />