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a��'S�RANCr "iO f I-QUIRED N-2020-218 WORK MAY PROCEED `^ C' ` "�' Cf COUNCIL to �2/Zl��p coo (wAs RIGHT OF ENTRY AND LICENSE AGREEMENT This Right of Entry and License Agreement ("Agreement") is made and entered into as of this 10'h day of December 2020, 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"). RECITALS A. The City is the owner of certain real property in the form of a parking structure located at 300 East Fifth Street, Santa Ana, CA 92701 ("Property"). B. Licensee, owners of several properties in the downtown area, including the 4th Street Market, is in the process of developing apartments on the second floor, which will have balconies that face the Property. Accordingly, Licensee approached the City with a request to enter onto the Property owned by the City to paint the exterior parking structure wall to provide for better aesthetics for visitors in Downtown Santa Ana. Licensee will pay for the scope of work and maintain the paint as needed ("Project"). C. The City wishes to grant Licensee a right of entry and license to design, paint 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, paint, and maintain the Project, and for no other purposes without the prior written approval of the City. The Project shall include painting and repair work on the exterior wall at the WEST parking structure (alleyway between Fourth & Fifth and French & Spurgeon), as well as the interior wall at the entrance of the WEST parking structure, pursuant to the Scope of Work attached hereto as Exhibit A 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 completed 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 one (1) year, 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 written notice of termination at the address provided herein.