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INSURANCE NQT ON FILE <br />WORK MAY NO PROCEED <br />CLERK OF COUNCIL <br />2021 <br />AUG 1 9 DATE: <br />LICENSE AGREEMENT <br />N-2021-163 <br />This LICENSE AGREEMENT ("Agreement") is dated as of August 17, 2021 and entered into by <br />and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the <br />Constitution and laws of the State of California ("City"), and Vido Samarzich, Inc. ("Licensee"). <br />0: IOU A (A1 hex O I rh63) lS/,r,) 2 <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, California, more specifically identified as 1301 W 101" St and 1307 W 10`h St <br />(APNs 004-121-12 and 004-121-18), as depicted on Exhibit A ("License Area"). <br />B. Licensee desires to use the License Area for purposes of "storing vehicles, materials, and <br />other construction equipment and stockpile during the License period ("Permitted Uses"). <br />C. The City has agreed to grant Licensee a license to use the License Area to prevent further <br />project delays and minimize costs to the City related to the OC Streetcar Project, on the terms and conditions <br />set forth in this Agreement. <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />License. <br />a. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the <br />License Area beginning on August 23, 2021, for the Permitted Uses described in Recital <br />B, upon the terms and conditions set forth herein ("License"), subject to Licensee's <br />performance of all of its obligations under this Agreement. This License shall remain in <br />effect until February 28, 2022 unless extended in writing by the Executive Director of the <br />Public Works Agency, or his or her designee. City reserves the right to immediately <br />suspend all activities or terminate this Agreement upon Licensee' non-compliance with <br />any of the terms or conditions of this Agreement. This Agreement is intended and shall be <br />construed only as a revocable license to use the License Area and not as a lease or grant of <br />any possessory or other interest. <br />b. Hours of Operation: All work performed at the License Area shall be performed between <br />the hours of 7:00 AM and 5:00 PM, Monday through Friday, unless otherwise provided in <br />writing by City, such consent not to be unreasonably withheld. <br />2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, <br />restore the License Area to its original condition in which it existed immediately prior to the Agreement, <br />leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and <br />debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be <br />cleaned, with such work to be completed no later than the times specified in the License as stated in <br />paragraph l above, and the License shall be extended to such time for the limited purpose of allowing the <br />cleaning work to be completed. <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. <br />Page I of 5 <br />