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Item 14 - License Agreement with East End Realty Partnership, LP and Wursthaus, Inc.
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Item 14 - License Agreement with East End Realty Partnership, LP and Wursthaus, Inc.
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8/17/2023 8:46:58 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
14
Date
10/19/2021
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1 <br />THIRD AMENDMENT TO TEMPORARY <br />OUTDOOR DINING LICENSE AGREEMENT <br />This THIRD AMENDMENT TO TEMPORARY OUTDOOR DINING LICENSE AGREEMENT <br />(“Third Amendment to License Agreement”) is entered into this day of <br />, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly <br />organized and existing under the Constitution and laws of the State of California (“City”), East End <br />Realty Partnership, LP, and Wursthaus, Inc. (collectively “Licensee”). <br />RECITALS <br />A.On May 7, 2019, the City and Licensee entered into the Temporary Outdoor Dining <br />License Agreement No. A-2019-063 (“License Agreement”) to allow temporary <br />outdoor dining activities within a portion of Plaza Calle Cuatro (“Plaza”), adjacent <br />to real property located at 301-305 East Fourth Street, Suite 106, Santa Ana. <br />B.On November 30, 2019, the City and Licensee entered into a First Amendment to <br />Temporary Outdoor Dining License Agreement No. A-2019-200 to extend the term <br />of said License Agreement, increase the amount of the License Fee to cover the <br />extended term, and clarify the type of fencing that may be installed on the Licensed <br />Property. <br />C.On November 17, 2020, the City and Licensee entered into a Second Amendment to <br />Temporary Outdoor Dining License Agreement No. A-2020-213 to extend the term <br />of said License Agreement and increase the outdoor dining space. <br />D.In accordance with the terms and conditions of said License Agreement, the parties <br />desire to amend said License Agreement to extend the term of said License <br />Agreement for an additional one year, subject to the payment of an additional <br />License Fee by Licensee; and, increase the amount of the License Fee to cover the <br />extended term. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions of said License Agreement, except as herein modified, the parties agree as <br />follows: <br />1.Section 1, Term and Purpose of License, shall be amended to extend the term of <br />the License Agreement from November 30, 2021, until November 30, 2022. <br />2.Section 3, License Fee, shall be amended to reflect that, upon execution of this <br />First Amendment to License Agreement, Licensee shall pay to the City a one-time <br />non-refundable fee of Two-Thousand and Twenty-Eight dollars ($2,028) to cover <br />this third extended term of the License. <br />3.Except as hereinabove modified, the terms and conditions of said License <br />Agreement remain unchanged and in full force and effect. <br />Exhibit 1
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