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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED N-2007-003 <br />CLERK OF COUNCIL <br />DATE. (CI) (TCabl? EXCLUSIVE LICENSE AGREEMENT <br />o?PWp CT•Q <br />EXCLUSIVE LICENSE AGREEMENT ("Agreement') is made and entered into as of <br />2 Z day of January, 2007 by and between THE CITY OF SANTA ANA, a charter city duly <br />organized under the Constitution and laws of the State of California. (hereinafter referred to as <br />the "City'), and Platinum Equity Partners, a California corporation (herein referred to as <br />-Licensee"), with respect to the following: <br />RECITALS <br />A. The City is the owner of that certain real property located at the eastern terminus <br />of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, <br />California described as follows in Exhibit A attached hereto and made a part hereof by this <br />reference (the "Property). The City intends to construct a portion of a freeway overpass on the <br />Property in the future. <br />B. Licensee desires to enter onto the Property owned by the City in order to utilize <br />said Properly as a storage area as an interim use until the freeway overpass project is funded. <br />C. The City wishes to accommodate Licensee's desire to enter and utilize said <br />Property as a storage area granting an exclusive right of entry and license to Licensee upon <br />certain terms and conditions and on a temporary basis. <br />D. Licensee understands that the City acquired and intends to use this property for <br />future street purposes. <br />NOW, THEREFORE, for good and valuable consideration, Licensee and City do <br />hereby agree as follows: <br />1. Right of Entry and License. <br />a. Provided that all of the terms and conditions of this Agreement are fully <br />satisfied, as of the Effective Date of this Agreement the City hereby grants to Licensee and its <br />employees, agents, contractors, and assignees the exclusive, revocable license to enter upon and <br />encroach upon the Property to utilize said Property as a storage area, including improving the <br />Property by paving and adding more attractive fencing, and for no other purposes without the <br />prior written approval of the Executive Director of the Public Works Agency, for the term of <br />thirty (30) days from the date of execution and approval of required insurance documentation. <br />b. This Agreement shall automatically renew every thirty (30) days, unless <br />and until a thirty (30) day written notice to vacate premises, terminate and expire is provided by <br />City. It is expressly understood that this Agreement does not in any way whatsoever grant or <br />convey any rights of possession, easement or other cognizable property interest in the Property, <br />except those expressly provided within this Agreement. Upon termination of this Agreement, <br />any improvements constructed by Licensee on the Property shall be the property of the fee title <br />owner of the Properly.