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<br />. INSURANCE litH ON mt <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: 3.-9-:;05 <br /> <br />N-2005-025 <br /> <br />NON-EXCLUSIVE LICENSE AGREEMENT <br /> <br />This License Aßreement ("Agreement") is entered into on fv'\aycÆ t ,2005, by <br />and between the CITY OF SANTA ANA, a charter city and municipal corporatiull of the State <br />of California ("City"), and 100 SOUTH MAIN STREET, LLC, a California limited liability <br />company ("Licensee"). <br /> <br />1. <br /> <br />ACKNOWLEDGEMENTS <br /> <br />a. Licensee certifies that it owns the subject property and structure located at 100 South <br />Main Street, Santa Ana (the "Building") (the legal description of this property is attached hereto as <br />Exhibit A and incorporated herein by reference) and intends to install a projecting sign on the east <br />elevation and a marquee sign on the north elevation of the Building that will identify the name of <br />the establishment. <br /> <br />b. The City owns or has an easement certain real property which consists of the public <br />right-of-way being the gutters, curb, and sidewalks of Main Street and First Street as described in <br />greater detail in Exhibit B hereto (the "License Area"). The parties agree and acknowledge that the <br />License Area includes all real property belonging to the City. <br /> <br />c. Licensee desires to maintain and repair the signs located on the Building and <br />protruding over the License Area subject to the tenus and conditions of this Agreement. <br /> <br />2. <br /> <br />GRANT OF LICENSE <br /> <br />a. City grants to Licensee a personal, non-exclusive, revocable (subject to the tenus <br />herein) right and license ("License") to allow for the protrusion ofthe signs over the License <br />Area and to enter upon the License Area for the purpose of repairing, and maintaining the signs. <br />Nothing contained herein is intended, nor shall it be interpreted as, a commitment or pledge by the <br />City to penuit Licensee to retain the signs in their current location. <br /> <br />b. Licensee may not encroach upon the License Area for any other purpose or <br />business than those specified in paragraph 2.a., above, other than the pedestrian purposes already <br />available to members of the general public, without obtaining the prior written consent of the <br />City's Executive Director of the Public Works Agency. <br /> <br />c. City will not be held responsible for loss of, or damage to, any improvements <br />made by Licensee in the License Area. <br /> <br />d. This License in no way abrogates the right of City to enforce its abatement of <br />public nuisance provisions. <br /> <br />e. This License is made subject and subordinate to the prior and continuing right of <br />City to use the public right-of-way, including without limitation, (i) the right to remove said <br />signs for cause after the City provides 30 days notice to the Licensee; and (ii) the right to <br /> <br />Page 1 of5 <br />