25G - AGMT - LICENSE AGMT AT ALTON YARD

Home Browse Search

DO NOT RECORD EXCLUSIVE LICENSE AGREEMENT THIS EXCLUSIVE LICENSE AGREEMENT is entered into on October 1, 2012, by and between All City Nursery, a subsidiary of ICC Collision Center, Inc., a California corporation ("Licensee") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). 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, as described in Exhibit A, attached hereto and incorporated by reference (hereinafter the "Property"). The City intends to construct a freeway overpass on the Property in the future. B. Licensee desires to enter onto said Property to utilize the Property to operate a plant nursery as an interim use until the SR-55 Alton Overpass Project is commenced. C. The City wishes to accommodate Licensee's desire to enter and utilize the Property, granting exclusive right of entry and license to Licensee upon the terms and conditions contained herein, and on a temporary basis. D. Licensee understands that the City acquired and intends to use the Property for future street purposes. NOW, THEREFORE, for good and valuable consideration, Licensee and City agree as follows: 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, City hereby grants to Licensee and its employees, agents, contractors, and assigns a revocable license to enter upon and encroach upon said Property to utilize the Property for the operation of a wholesale plant nursery, including improving the Property by installing water pipes and sprinklers, and for no other purposes without the prior written consent 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 each month, unless and until a sixty (60) day written notice to vacate premises is provided by City. However, the maximum term of this License shall not exceed five years without the prior written consent of the 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 said Property, except those expressly provided within this Agreement. Upon termination of this Agreement, any improvements constructed by Licensee or its predecessor, shall be the property of the fee title owner of said Property. c. City will not be held responsible for loss of or damage to, any personal property left on the Property, or improvements made by Licensee on the Property. d. This License is made subject and subordinate to the prior and continuing right of City to use the Property and the use of the public right-of-way. 8/16/12 - final 25G-3