EAST END REALTY PARTNERSHIP, LP AND WURSTHAUS, INC. (2)

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shall be construed only as a revocable license to use the Licensed Premises and not as a lease or grant of any possessory or other interest, 2. LICENSED PREMISES AND USE (a) The Licensed Premises covered by this License Agreement shall be only such as described in Paragraph 1 and Exhibit C hereto, Licensee shall not use any premises or property that is not specifically described herein. The products Licensee shall dispense on the Licensed Premises are food and beverage products only. • (b) Licensee shall at all limes comply with all City regulations and any applicable Outdoor Dining Ordinance Standards and Procedures on file with the City's Public Works Agency and as provided to the Licensee as part of this License Agreement, (c) The Licensed Premises may not be used by Licensee when in use by the City for City- sponsored events upon at least 24 hours notice provided by the City. Such notices shall provide the Licensee information regarding day(s) and hour(s) and duration of the event. Licensee shall elem. Licensed Premises of flunishings and shall not impede City use of the Licensed Premises when notified of all such events. (d) From time to time, the Plaza will be rented for temporary private use by the public through the City's public facility reservation program. Licensee may continue the use of the Licensed Premises as described in this Agreement and shall not infringe, disturb, prohibit, or impede all activities approved by the City under the program that may include but are not limited to outdoor concerts with amplified sound,parties, fairs,and specialty pop-up events. (e) Licensee shall not use, and shall prohibit its Agents or Invitees from using, the Licensed Premises other than for the uses described in this Agreement, 'the term"Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees"shall moan Licensee's invitees,guests,customers, or business visitors, 3, LICENSE FEE (a) Upon execution of the License Agreement, Licensee shall pay to the City, an annual non-rollmdable outdoor dining license fee as established by the Miscellaneous Fee Schedule, which for FY2023-2024 is $1.02 per square foot for a total of$255. Payment to the City shall be made payable to the order of the"City of Santa Ana" and delivered to the Parks, Recreation& Community , Services Department. (b) The License Fee paid wider this License Agreement contemplates Licensee's continued use of the Licensed Premises since December 1,2023. Page 2 of 11