Item 36 - Agreement with Floral Park Neighborhood Association for Fence on Broadway

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Page 1 of 5 LICENSE AGREEMENT This LICENSE AGREEMENT (“Agreement”) is dated as of June 6, 2023, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California (“City”), and Floral Neighborhood Association (FPNA), a 501(c)3 nonprofit community organization (“Licensee”). RECITALS A.The City owns or has an easement for public street/road purposes along, above and under the public street commonly knowns as Broadway (hereinafter “Street”), which is adjacent to the Interstate 5 southbound off ramp as depicted on Exhibit A (“License Area”). B.Licensee desires to construct, maintain and repair (“Permitted Uses”) a wrought iron fence (“Fence”) at the License Area as depicted on Exhibit B. 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: 1.License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on the date first written above, 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. The initial term of the license shall be three (3) years. At the expiration of the initial term, this Agreement shall continue from year to year under its then existing conditions unless and until a party hereto gives the other no less than 90 days written notice of termination prior to expiration of the initial term or of the one year extension then in effect.. 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. 2.Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement by removing the Fence, to the reasonable satisfaction of the City and leaving the License Area in a neat and clean condition, free of trash and debris, and removing all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. 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. 4.Duties of the Parties. A.Licensee Duties. By execution of this Agreement, Licensee agrees for itself and on behalf of its employees, agents, consultants and contractors as follows: EXHIBIT 3