EAST END REALTY PARTNERSHIP, LP AND WURSTHAUS, INC.

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INSURANCE NOT ON FILL WORK IVIAY NOT PROCEED CLERK DATE: llll OF Ct�F0 2 2022 a.A)(sA)1 OUTDOOR DINING LICENSE AGREEMENT N-2022-362 This OUTDOOR DINING LICENSE AGREEMENT (hereinafter "License Agreement' or "License"), entered into this 1st day of December, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (hereinafter "City"), and East End Realty Partnership, LP, and Wursthaus, Inc. (hereinafter collectively "Licensee"), is made with reference to the following: RECITALS WHEREAS, City owns certain real property located at 325 E. 411' Street; and WHEREAS, the property is currently used as a public plaza maintained by the Parks, Recreation, and Community Services Agency and the public plaza is known as Plaza Calle Cuatro ( the "Plaza") as more particularly described in Exhibit A; and WHEREAS, City and Licensee desire to enter into a License Agreement to allow temporary outdoor dining activities within a portion of the Plaza, upon the terms and conditions set forth herein, adjacent to real property located at 301-305 E. 0, Street, Suite 106, City of Santa Ana, County of Orange, State of California (the "Property") which is further described in Exhibit B; and WHEREAS, City and Licensee have a prior agreement (A-2019-063) licensing the same space to the same Licensee, as amended by the First Amendment (A-2019-200), the Second Amendment (A-2020-213), and the Third Amendment (A-2021-206). The prior agreement is in full force an effect through November 30, 2022. WHEREAS, the approval of this License Agreement is to implement outdoor dining activities directly associated with a business having frontage along and sharing a property line with the Plaza. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM AND PURPOSE OF LICENSE The City hereby grants to Licensee upon each of the covenants and conditions set forth herein for a one-year period commencing on December 1, 2022 (hereinafter "Commence Date"), and ending on November 30, 2023, or earlier termination as herein set forth, a license to conduct outdoor dining activities within an open area consisting of 250 square feet located near the southwest comer of the Plaza adjacent to certain real property located at 301-305 E. 4a' Street, Suite 106, in the City of Santa Ana, County of Orange, State of California, more particularly described in Exhibit C attached hereto and incorporated herein by reference (hereinafter referred to as the "Licensed Premises"). This Agreement is intended and shall be construed only as a Page 1 of 11 #19793v4