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<br />!I'JUKI'I~CE ON FILE <br />\:vORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />lo-J~/3 <br />'CLERK OF COUNCIL <br />DA:E: A(2) OCT 25 2012 <br />o. ~~Clret THIS EXCLUSIVE LICENSE AGREEMENT is entered into on October 1,2012, by and <br />fI.\errer between All City Nursery, a subsidiary ofICC Collision Center, Inc., a California corporation <br />("Licensee") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br /> <br />A-2012-210 <br /> <br />DO NOT RECORD <br /> <br />EXCLUSIVE LICENSE AGREEMENT <br /> <br />RECIT ALS: <br /> <br />A. The City is the owner of that certain real property located at the eastern terminus of Alton <br />Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, <br />California, as described in Exhibit A, attached hereto and incorporated by reference <br />(hereinafter the "Property"). The City intends to construct a freeway overpass on the <br />Property in the future. <br /> <br />B. Licensee desires to enter onto said Property to utilize the Property to operate a plant nursery <br />as an interim use until the SR-55 Alton Overpass Project is commenced. <br /> <br />C. The City wishes to accommodate Licensee's desire to enter and utilize the Property, granting <br />exclusive right of entry and license to Licensee upon the terms and conditions contained <br />herein, and on a temporary basis. <br /> <br />D. Licensee understands that the City acquired and intends to use the Property for future street <br />purposes. <br /> <br />NOW, THEREFORE, for good and valuable consideration, Licensee and City agree as follows: <br /> <br />1. RIGHT OF ENTRY AND LICENSE <br /> <br />a. Provided that all of the terms and conditions of this Agreement are fully satisfied, as of <br />the Effective Date ofthis Agreement, City hereby grants to Licensee and its employees, agents, <br />contractors, and assigns a revocable license to enter upon and encroach upon said Property to <br />utilize the Property for the operation of a wholesale plant nursery, including improving the <br />Property by installing water pipes and sprinklers, and for no other purposes without the prior <br />written consent of the Executive Director ofthe Public Works Agency, for the term of thirty (30) <br />days from the date of execution and approval of required insurance documentation. <br /> <br />b. This Agreement shall automatically renew each month, unless and until a sixty (60) day <br />written notice to vacate premises is provided by City. However, the maximum term of this <br />License shall not exceed five years without the prior written consent of the City. It is expressly <br />understood that this Agreement does not in any way whatsoever grant or convey any rights of <br />possession, easement or other cognizable property interest in said Property, except those <br />expressly provided within this Agreement. Upon termination of this Agreement, any <br />improvements constructed by Licensee or its predecessor, shall be the property ofthe fee title <br />owner of said Property. <br /> <br />c. City will not be held responsible for loss of or damage to, any personal property left on <br />the Property, or improvements made by Licensee on the Property. <br /> <br />d. This License is made subject and subordinate to the prior and continuing right of City to <br />use the Property and the use of the public right-of-way. <br /> <br />92412 <br />