Item 20 - License Agreement with NOVA Academy for use of Birch Park and Sasser Park for Emergency

Home Browse Search

LICENSE AGREEMENT WITH NOVA ACADEMY This LICENSE AGREEMENT ("Agreement") is dated as of April 19, 2022, 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 NOVA Academy, a California non-profit corporation ("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 210 N. Birch Street, also known as Birch Park, and 502 W. Santa Ana Boulevard, also known as Sasscer Park, as depicted in Exhibit A ("License Area"). B. Licensee desires to use the License Area for purposes of an evacuation relocation site for Licensee in the event of an emergency and for emergency drills as they may be scheduled by Licensee from time to time 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: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on April 19, 2022, for the Pennitted Uses described in Recital B, upon the terns 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 June 30, 2025. The term of this License may be extended for two (2) one-year periods upon a writing executed by the Executive Director of the Parks, Recreation, and Community Services Agency, or his or her designee. The License may be terminated by City upon thirty (30) days written notice. 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. To facilitate NOVA's Permitted Use under this License, City will provide the Administrative Director of Licensee five (5) keys for the gate at Birch Park to be distributed to and used by Licensee personnel designated by the Administrative Director of Licensee. These keys shall be returned to City at the expiration or earlier termination of this License. 2. Restoration and Clean Up. At its sole cost, Licensee shall, after each use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove 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. Page 1 of 5