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INSURANCE NOT ON FILE A-2020-244 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: NSE AGREEMENT FOR USE OF PROPERTY JUN301012�'ICE O W 0� OWNED BY THE CITY OF SANTA ANA (WN 00"PA)TilThis LICENSE AGREEMENT ("Agreement") by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and K&C Logistics LLC, ("Licensee"), is made and entered into on December 1, 2020 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. The City owns real property at the eastern terminus of Alton Avenue between Daimler Street and the SR-55 Freeway in the City of Santa Ana, as particularly described in Exhibit A, attached hereto and incorporated by reference ("Property"). The Property is approximately 31,390 square feet in size. B. The Property is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five years of the date of this Agreement. C. Licensee is a logistical and transportation services company that desires to use and access the Property for parking of its vehicles. City desires to allow Licensee the exclusive use of and access to the Property for this purpose alone ("Permitted Uses"). NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. GRANT OF EXCLUSIVE LICENSE 1.1 Grant of Exclusive License. The City hereby grants to Licensee an exclusive license for the right to enter and use the Property beginning on the Effective Date, for the Permitted Uses, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. 1.2 License Agreement Only. This Agreement is intended and shall be construed only as a revocable license to use the Property and not as a lease or grant of any possessory or other interest. 1.3 Restrictions on Use of Property. Licensee shall not use, and shall prohibit its Agents or Invitees from using, the Property other than for the Permitted Uses. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers, tenants, or business visitors. A 00 f�