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;ASURANCE NOT ON FILE
<br />I N I%�� N-2021-052
<br />WORK MAY IVQ PROCEED
<br />CLERK OF COUNCIL
<br />DATE: LICENSE AGREEMENT
<br />Pup U1(P/Ykeso^)For
<br />This LICENSE AGREEMENT ("Agreement") is dated as of Nlvwut Z5 , 2021, and entered
<br />into by and between the City of Santa Ana, a charter city and municipal corporation organized and existing
<br />under the Constitution and laws of the state of California ("City"), and In-N-Out Burgers, a California
<br />corporation ("Licensee").
<br />RECITALS
<br />A. The City is the owner of that certain real property located in the City of Santa Ana, County
<br />of Orange, State of California, more specifically identified as 917 and 921 North Bristol Street, a presently
<br />unused, undeveloped, vacant lot, as shown on Exhibit A (the "License Area").
<br />B. Licensee desires to use the License Area for purposes of parking by its employees,
<br />contractors, vendors, and agents in connection with the adjacent re -opening of its restaurant at 815 North
<br />Bristol Street, Santa Ana California 92703 ("Permitted Uses").
<br />C. The City has agreed to grant Licensee a license to use the License Area, on the terms and
<br />conditions set forth in this Agreement.
<br />The parties therefore agree:
<br />1. License. The City hereby grants to Licensee and its employees, contractors, vendors and
<br />agents a non-exclusive license for the right to enter and use the License Area for the Permitted Uses
<br />described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's
<br />performance of all of its obligations under this Agreement. The term of the License shall commence on
<br />1/'1a&?, 72021 ("Commencement Date") and expire on;T 1y31 J 2021, and shall thereafter continue on
<br />a month -to -month basis upon consent by the City but that in no circumstances shall extend beyond October
<br />15, 2021. The License maybe terminated at any time, with or without cause, upon thirty (30) days written
<br />notice from either party, but in no event before NJk 2021. Except as provided herein, this
<br />Agreement is intended and shall be construed only as a fevocable license to use the License Area and not
<br />as a lease or grant of any possessory or other interest.
<br />2. Improvements, Operation, and Clean -Up. Licensee shall be permitted to install a gravel
<br />base and two temporary lighting standards in the License Area during the term of the License or prior to
<br />the Commencement Date provided Licensee delivers written notice to the City and the City has, in its
<br />reasonable discretion, approved the location and time of use for the temporary lighting. Temporary lighting
<br />shall not shine at neighboring residential properties. Licensee shall use commercially reasonable efforts to
<br />perform daily clean-up of trash, debris, dirt, rocks, spills, and the like in the License Area. At its sole cost,
<br />Licensee shall, after use of the License Area, restore the License Area to its original condition in which it
<br />existed immediately prior to the Agreement, wear and tear excepted and leave the License Area in a neat
<br />and clean condition to the reasonable satisfaction of the City, free of trash and debris, and remove all
<br />property and materials of Licensee. Notwithstanding anything to the contrary in this Agreement, the gravel
<br />base is allowed to remain on the License Area after expiration of this Agreement. Licensee's use of the
<br />License Area shall be in compliance with National Pollutant Discharge Elimination System (NPDES)
<br />requirements and appropriate Best Management Practices (BMPs) to prevent the discharge of pollutants
<br />from the License Area.
<br />3. Compliance with Laws. Licensee shall cause all activities of Licensee under this
<br />Agreement and all activities on the License Area to be performed in compliance with all applicable federal,
<br />state, and local laws, ordinances, and regulations, and permits.
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