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N-2006-025 NON-EXCLUSIVE LICENSE AGREEMENT 0. VIV01 tl) NON-EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made and entered (S bc&A?) into as of V day of March, 2006 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 Platinum Equity Partners, a California corporation (herein referred to as "Licensee"), with respect to the following: RECITALS A. The City is the owner of that certain real property located at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, California described as follows in Exhibit A attached hereto and made a part hereof by this reference (the "Property"). The City intends to construct a portion of a freeway overpass on the Property in the future. B. Licensee desires to enter onto the Property owned by the City in order to utilize said Property as a storage area as an interim use until the freeway overpass project is funded. C. The City wishes to accommodate Licensee's desire to enter and utilize said Property as a storage area on a non-exclusive basis by granting a right of entry and license to Licensee upon certain terms and conditions and on a temporary basis. D. Licensee understands that the City acquired and intends to use this property for future street purposes. NOW, THEREFORE, for good and valuable consideration, Licensee and City do hereby agree as follows: 1. Right of Entry and License. a. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its employees, agents and contractors the nonexclusive, nonassignable, revocable license to enter upon and encroach upon the Property to utilize said Property as a storage area, including improving the Property by paving and adding more attractive fencing, and for no other purposes without the prior written approval of the Executive Director of the Public Works Agency, for the term of thirty (30) days from the date of execution and approval of required insurance documentation. b. This Agreement shall automatically renew every thirty (30) days, unless and until a thirty (30) day written notice to vacate premises, terminate and expire is provided by City. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in the Property, except those expressly provided within this Agreement. Upon termination of this Agreement, any improvements constructed by Licensee on the Property shall be the property of the fee title owner of the Property.