25E - AGMT - RIGHT OF ENTRY - Laserfiche WebLink

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square feet (hereinafter referred to as "Patio Area ") in the portion of the public Alley adjacent to certain real property located at 207 West Second Street, in the City of Santa Ana, County of Orange, State of California, more particularly described in "Exhibit A" attached hereto and incorporated herein by reference. The Patio Area may be referred to as the "Premises" herein. This License is made subject arid subordinate to the prior and continuing right of Licensor to use the Premises or the use of the public right -of -way. (b) Provided that all of the terms and conditions of this Agreement are fully satisfied as of the Commencement Date of this Agreement, City hereby grants to Licensee and its employees, agents and contractors the non - exclusive, non - assignable, personal, revocable right (as provided herein) and license to install and maintain within the Patio Area a three foot six inch high combination block wall/wrought iron fence, eight - 96" tall gas lamp lighting fixtures with supporting gas supply line, and brick pavers to match the existing adjacent Alley surface. Utilities to serve a potential fire pit and a water feature are also included within the permitted uses of the Premises. Except for the rights and uses expressly granted and permitted under this Agreement, it is expressly understood that this Agreement does not in any way whatsoever grant or convey any other rights of possession, any easement interest or other cognizable property interest in said Premises. (o) Licensee may not use the Patio Area to dispense food and beverage products unless and until Licensee (or its tenant) applies for and secures an outdoor dining license agreement in compliance with the City's Outdoor Dining Ordinance Standards and Procedures on file with the City's Public Works Agency. Should Licensee (or its tenant) secure an outdoor dining license agreement for the use of the Patio Area, Licensee (or its tenant) may use the Patio Area for outdoor dining and this Agreement shall become null and void and Licensee (or its tenant) shall follow the rules and regulations pertaining to the Outdoor Dining Ordinance (Santa Ana Municipal Code Section 33 -168 through 33 -180) and any agreements issued thereunder. 2. LICENSE AND RENEWAL FEE Licensee shall pay to the City a License fee equivalent to the Outdoor Dining Application Fee of $1,208.57. Every year hereafter, the Licensee may renew the License subject to a License renewal fee at a rate equivalent to the Outdoor Annual License Fee to as set by the resolution of the City Council, as amended from time to time, for the use of the Premises. The current License renewal fee for fiscal year 2014/2015 is $0.79 per square foot of the Premises. 2 25E -8