DOWNTOWN, INC. AND SANTA ANA BUSINESS COUNCIL-N-2020-090

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES to /0 15/?t720 12 / o I / 107 J CLERK OF COUNCIL DATE. N-2020-090 co STREET FURNITURE LICENSE AGREEMENT o THIS STREET FURNITURE LICENSE AGREEMENT ("Agreement") is made and N entered into as of April 1. 2020, by and between the CITY OF SANTA ANA, a charter city and m municipal corporation duly organized and existing under the Constitution and laws of the State of o California ("Licensor"), DOWNTOWN, INC., a California non-profit corporation ("DTI"), and the SANTA-ANA BUSINESS COUNCIL, a California non-profit corporation ("SABC"). DTI and 2- SABC shall herein be individually known as a "Licensee" and together known as the "Licensees." RECITALS a. Licensor is the owner of certain moveable chairs (44 total), tables (17 total), and umbrellas (4 total) ("Street Furniture") that are subject of this Agreement. b. Licensees desire to use the Street Furniture owned by Licensor for special events in the Downtown area, as 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 terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement, the Licensor hereby grants to Licensee, and its employees, agents and contractors, the non-exclusive, non -assignable, personal right and license to use to certain moveable chairs (44 total), tables (17 total), and umbrellas (4 total) ("Street Furniture") owned by the 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 the Licensor. 2. Term This Agreement shall begin on the date first written above ("Effective Date"), and terminate on April 1.2021. This Agreement shall also cover any and all use of the "Street Furniture" by Licensees since June 30, 2019, until the Effective Date. The term of this Agreement 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 a Licensee or Licensees to remove the same.