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EXHIBIT 3
<br />LICENSE AGREEMENT
<br />This LICENSE AGREEMENT ("Agreement') is dated as of August 29, 2023, and entered into
<br />by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under
<br />the Constitution and laws of the State of California ("City"), and The Legacy Fund ("Licensee"), a
<br />California non-profit public benefit corporation.
<br />RECITALS
<br />A. Licensee owns that certain real property located at 921 North Main Street and 1000 North
<br />Main Street, described as Parcel 2 of Lot Line Adjustment No. 2014-01, Instrument Number
<br />2014000501842, Official Records, Orange County (APN 005-185-34), and a portion of Lot 9 of the
<br />Columbia Tract, Book 7, Page 17 of Miscellaneous Maps, Official Records, Orange County (APN 398-
<br />562-09), which is occupied byLicensee as part of the Orange County School of the Arts (hereinafter OCSA)
<br />campus.
<br />B. City owns or has an easement for public street/road purposes along, above and under the
<br />public street commonly known as Tenth Street (hereinafter "Street"), which was granted or dedicated to
<br />the City on documents recorded in Book 105, Page 369 of Deeds, and as Instrument Number
<br />2009000365812 of Official Records, and as Instrument Number 2009000365808, of Official Records, all
<br />in the Office of the County Recorded of County of Orange, State of California (hereinafter "Public Right -
<br />of -Way").
<br />C. The Street is located between Sycamore Street and Main Street, which abuts the OCSA
<br />Campus, as depicted on Exhibit A (hereinafter "License Area").
<br />D. Licensee desires to use the License Area for purposes of installing the Area Improvements
<br />(as defined below) and allowing OCSA students, faculty and school staff to occupy License Area to eat lunch,
<br />rest in between classes, present outdoor performances, host festivals and school club activities, conduct
<br />campus emergency drills, and facilitate community engagement activities ("Permitted Uses'). Area
<br />Improvements include the installation of trees, painted graphics over street surfaces, traffic gates, placement
<br />of moveable outdoor furniture, equipment, and materials (hereinafter "Area Improvements") as set forth
<br />and identified in Exhibit B, attached hereto and incorporated herein by this reference.
<br />E. The City has agreed to grant Licensee a license to use the License Area, on the terms and
<br />conditions set forth in this Agreement.
<br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
<br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby
<br />acknowledged, the parties hereto agree as follows:
<br />1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter
<br />and use the License Area beginning on August 15, 2023, for the Permitted Uses described in Recital D,
<br />upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its
<br />obligations under this Agreement. This License shall remain in effect until August 14, 2033, unless
<br />extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The
<br />License may be extended up to five years, up to two times. In no case, under this agreement, shall the
<br />license be extended beyond August 14, 2043. The License may be terminated by City upon thirty (30) days
<br />written notice. This Agreement is intended and shall be construed only as a revocable license to use the
<br />License Area and not as a lease or grant of any possessory or other interest.
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