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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: N-2022-156 ow (0) LICENSE AGREEMENT [90rA1 Ai cW fie THIS LICENSE AGREEMENT ("Agreement") is made this 6th day of June, 2022, by and between 2020 Pit ItA) E. FIRST, LLC ("Owner") and City of Santa Ana on behalf of the Santa Ana Police Department ("LICENSEE"). In consideration of the mutual promises and covenants contained herein, LICENSEE and Owner agree as follows: 1. Owner is the owner of the real property that has a commercial multi -floor office building with offices and common areas, including parking, located at 2020 East First Street, Santa Ana, CA ("Project"). The Project is currently vacant. Due to break-ins and vandalism at the Project, all access points were covered and boarded up, and utilities (including water service) have been shut off in order to deter unauthorized access and further damage to the Project. There are no restrooms available at the Project or other services available or provided at the Project to LICENSEE under this Agreement. 2. LICENSEE acknowledges that areas of the Project are in need of repair and are not in good condition. The Project is in the process of being redeveloped, and improvements will be removed and demolished under a development plan. LICENSEE acknowledges the foregoing and indicates that the building, in its current condition, is appropriate for LICENSEE to conduct training exercises due to its condition. LICENSEE has requested the Owner allow LICENSEE and its officers (including K-9 officers) access to certain portions of the Project for purposes of training exercises, and LICENSEE understands that everyone that enters the Project will be warned of the condition, and LICENSEE assumes all risk and acknowledges that Owner makes no representation or warranty concerning the condition of the Project and LICENSEE accepts and assumes all risks on behalf of itself and all others that enter the Project under this License. 3. LICENSEE is the party that has control over its employees and agents that it authorizes to enter the Project under this Agreement. LICENSEE is the party to determine all means, methods, legal requirements and safety requirements applicable to its use of the Project and related to all of its employees and agents and will comply with all laws and safety requirements (including all OSHA regulations) in order to protect its employees and agents and will not allow them to access any part of the Project that is in an unsafe condition and will install appropriate barriers to prevent access to any unauthorized or unsafe areas of the Project. Prior to allowing its employees and agents access to the Project, LICENSEE will have a senior member of the training team evaluate the site safety and determine safety areas to be utilized and implement methods, techniques, sequences and procedures to provide adequate job safety during its access to the Project. LICENSEE is fully and solely responsible for the jobsite safety thereof. LICENSEE is Gable to the Owner for acts and omissions of the LICENSEE employees and agents. 4. Based on the foregoing representations and agreements by LICENSEE, Owner grants LICENSEE the right to enter the Project and use a portion of the Project identified as floors 1 through 5 and stairwells ("Area") for the purpose of Licensee conducting training exercises for its employees that are officers (including K-9 officers) ("Approved Use") on June 8, 2022 during the hours of 7:30 a.m. until 4:00 p.m. (PDT) ("Term"). The parties agree that upon the expiration of the Term, LICENSEE shall no longer have any right to use the Project and shall leave the Area and Project in the same condition as received, LICENSEE represents that no modifications will be needed to the Project or the Area in order for LICENSEE to use the Project or the Area for the Approved Use. The Area and Project are accepted in "as -is" condition, with all faults, and without any utility services or other services. LICENSEE does not have the right to assign its rights under this Agreement. 5. LICENSEE shall pay a License Fee of $0.00, upon execution of this Agreement. LICENSEE shall also reimburse Owner, within ten (10) days of request, for any reasonable costs Owner incurs as a result of LICENSEE's use or access to the Project. 6. If Owner becomes aware of any suspected condition or conduct caused by LICENSEE in violation of any law or if LICENSEE fails to follow any request of Owner or Owner's manager, then Owner may,