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JlMU1%!UL ,,I U:r ri #MK MAY NOf P:tUt;EE, CLERK OF COUNCIL DATE: N-2023-048 0 LICENSE AGREEMENT e.e Go This LICENSE AGREEMENT ("Agreement") is dated as of December 16, 2022 and C9 entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation m existingunder the Constitution and laws of the State of California ("City"), and Charles King � Company ("Licensee"), RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as 124 E Warner Avenue (APN 016-031-37) and 128 E Warner Avenue (APN 016-031-32) as depicted on Exhibit A and Exhibit B ("License Area"). B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: License. a. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on December 1, 2022, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until February 28, 2023 unless extended in writing by the Executive Director of the Public Works Agency, or his or hen designee. City reserves the right to immediately suspend all activities or terminat6. this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. b. Hours of Operation: All work performed at the License Area shall be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday, unless otherwise provided in writing by City, such consent not to be unreasonably withheld. 2. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits.