GON-REY, LLC & SUPER A FOODS-2005

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INSURANCE !WI ON FIL~ WORK MAY N.Ql PROCEED CLERK OF COUNCIL DATE: SEP 1 5 2005 V: ,YvJJ1 a=.l-eve+utJ c:opy N-2005-104 LICENSE AGREEMENT RIGHT OF WAY ENCROACHMENT THIS LICENSE AGREEMENT (hereinafter" License Agreement") is made and entered into this 2nd day of August, 2005 by and between the CITY OF SANTA ANA, a charter city and municipal corporation of the State of Cali fomi a (hereinafter "City"), GON-REY, LLC, (hereinafter "Licensee") and SUPER "A" FOODS, INC., a California corporation (hereinafter "Landlord"), with respect to the following: RECITALS WHEREAS, Landlord owns the property located at 1010 S. Main Street in the City of Santa Ana, County of Orange, California, as described in Exhibit "A", attached hereto and incorporated by this reference (hereinafter "said Property"); and WHEREAS, Licensee leases from Landlord said Property pursuant to a Lease with Option to Buy; and WHEREAS, City and Licensee desire to enter into a License Agreement to allow use of the public right of way for building fayade encroachment, including roof overhang, wall veneer, building lights and landscape planters, pursuant to the terms and conditions set forth herein; and WHEREAS, Landlord agrees to the terms and conditions of this License Agreement as it relates to said Property. NOW THEREFORE, it is mutually agreed by and between the undersigned parties as follows: I. TERMS AND PURPOSE OF LICENSE The City hereby grants to Licensee upon each of the covenants and conditions set forth herein, or the period commencing on August 2nd, 2005 (hereinafter "Commence Date") and automatically renewing every five years for an additional five-year term, subject to cancellation as herein set forth, a license to maintain; · A four-inch (4") wide, structural building fayade encroachment upon the sidewalk public right of way located along the Main Street building frontage; · An eighteen-inch (18") deep architectural building overhang encroachment with signage and lighting as approved by City's Planning and Building Agency, over fifteen feet (15') high above the sidewalk portion along the Main Street building frontage; · A maximwn twenty-four inch (24") wide curbing, planter and landscape encroachment along the Sycamore Street frontage; and · A fifteen inch (15") block wall encroachment along the Sycamore Street frontage. '--.