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NSURANCE iNOT ON FILE N-2023-246 v WORK MAY NOT PROCEED 0V CITY CLERK DATE: LICENSE AGREEMENT This LICENSE AGREEMENT ("Agreement") is dated as of August q, 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 Enrique Ponce ("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 1725 N. Bristol Street (APN Nos. 399-085-22), as depicted on Exhibit A & B ("License Area"). B. Licensee desires to use the License Area for purposes of constructing a block wall and installing landscaping along Bristol Street ("Permitted Uses") as set forth in Exhibit C. C. The Parties have agreed that if Licensee completes the block wall and landscaping as provided herein, the City shall enter into a purchase and sale agreement with Licensee for the License Area. D. 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: I. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on September 1, 2023, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein, subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect for a 12 month period from September 1, 2023 ("License Term"), unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated effective immediately by the City upon 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. 2. Restoration and Clean Up. If Licensee fails to complete the construction of the wall and installation of landscaping on the License Area before the expiration of the License Term, Licensee shall perform the following: a. Restore the License Area to its original condition in which it existed immediately prior to the Agreement, which includes the removal of any and all improvements and alterations to the License Area. b. 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. c. 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. If Licensee fails to perform its obligations under this Section, the City may, at its election and upon advance written notice to Licensee, restore and clean-up the License Area, Page 1 of 6