GRAIN PROJECT 1 -2005 - Laserfiche WebLink

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1<' . INSURANCE l'\ V!ORI\ ~'i:.o'1 ".;i__.\::L I.. [\!;, ",I,K.":'C<: EXPIRES 1-/;2.-0lP CLeRK OF COUNCIL DATE: Jf - ;;>V-oS N-2005-041 RIGHT OF ENTRY AND LICENSE AGREEMENT D. GAD L6~) TIDS RIGHT OF ENTRY AND LICENSE AGREEMENT ("Agreement") is made and entered into as of~ day of April, 2005 by and between THE CITY OF SANTA ANA, a charter city duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City"), and THE GRAIN PROJECT, INC" a California nonprofit public benefit corporation (herein referred to as "Grain Projecf'), with respect to the following: RECITALS A. The City is the owner of that certain real property located on the northeast corner of Third and Bush Streets in the City of Santa Ana, California described as follows: SEE EXHIBIT A, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 301 North Bush Street, Santa Ana, California and referred to hereinafter as the "Property") B. The Grain Project is a California nonprofit, public benefit corporation organized to promote unified, healthy, sustainable communities by establishing farmers' markets, community gardens, and public art projects. C. The Grain Project desires to enter onto the Property owned by the City in order to operate a weekly Farmers' Market each Wednesday afternoon and evening. D. The City wishes to accommodate Grain Project's desire to utilize the Property on a non-exclusive basis by granting a right of entry and license to Grain Project upon certain terms and conditions. NOW, THEREFORE, for good and valuable consideration, Grain Project and City do hereby agree as follows: 1. Right of Entry and License. Provided that all ofthe terms and conditions ofthis Agreement are fully satisfied, the City hereby grants to Grain Project and its employees, agents and contractors the nonexclusive, nonassignable, personal right and license to enter upon the Property each Wednesdays from 1 :00 p.m. to 8:00 p.m. to operate a Certified Farmers' Market (as that term is defined under State law). This Agreement shall automatically terminate and expire sixty (60) days after written notice of expiration is provided by City Manager, which shall be given at the City Manager's sole and absolute discretion, or one (I) year from the date of the initial Farmers' Market, whichever occurs first. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement, equitable servitude or other cognizable property interest in the Property. 2. Agreement. By execution of this Agreement, Grain Project agrees for itself and on the behalf of its employees, agents, consultants and contractors as follows: