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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />~/~ / ~i <br />CLERK OF C UNCIL <br />DATE: 1,0 -1 D-OS <br />LICENSE AGREEMENT FOR OPERATION OF <br />COMMUNITY GARDEN AT JEROME PARK <br />A-2008-259 <br />0 ~ Ira, Ks € tZec_ (~-~ <br />THIS LICENSE AGREEMENT (hereinafter "License") is made and entered <br />~~`• lu~i`c"' f K` into on ~~v1}ew. hz~- ~ , 2008, between the City of Santa Ana, a charter city <br />and municipa corporation duly organized under the Constitution and laws of the State of <br />California (hereinafter "City" or "Licensor"), and the Grain Project, a California Non- <br />Profit Public Benefit Corporation (hereinafter "Licensee"). <br />RECITALS <br />A. Licensor owns the real property known as Jerome Park in the City of Santa Ana, <br />state of California. <br />B. Licensee is a 501(c)3 non-profit corporation that is organized to promote unified, <br />healthy, sustainable communities through farmers' markets, community gardens, <br />and public art. Licensee possesses unique expertise in developing and <br />maintaining a community garden project. <br />C. Licensor wishes to provide access to a portion of Jerome Park to Licensee for the <br />establishment of a community garden consistent with terms specified herein. <br />D. The area of Jerome Park that Licensor will provide access to is more specifically <br />described in Exhibit "A", Description -Licensed Area, attached hereto <br />(hereinafter "Property" or "License Area"). <br />E. Licensor and Licensee desire to enter into this License whereby Licensee shall be <br />permitted, in accordance with the terms and conditions herein, to operate a <br />community garden to be located at Jerome Park. <br />1. GRANT OF LICENSE <br />A. Purpose of License. Licensor grants to Licensee a personal, non-exclusive, <br />revocable license ("License") to use the License Area as a community garden. <br />The License Area is more particularly described and shown on Exhibit "A" <br />attached hereto. Licensee agrees that the purpose of the License herein is to allow <br />it to involve and educate the community on gardening. Licensee may not use the <br />License Area for any other purpose or business, other than as a community <br />garden, without first obtaining Licensor's prior written consent. In the event of <br />damage to plants or crops, licensee agrees that this agreement creates no property <br />rights to the land and/or crops, or profits from the land and/or crops are intended, <br />or granted, in favor of users of the community garden. <br />B. Proof of Non-Profit Status. Licensee shall provide to Licensor, prior to <br />exercising any rights herein conferred to it, evidence of its status as a valid <br />California nonprofit business entity. <br />NON-EXCLUSIVE LICENSE AGREEMENT <br />Page 1 of 9 <br />