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square feet (hereinafter referred to as "Patio Area ") in the portion of the public Alley adjacent to <br />certain real property located at 207 West Second Street, in the City of Santa Ana, County of <br />Orange, State of California, more particularly described in "Exhibit A" attached hereto and <br />incorporated herein by reference. The Patio Area may be. referred to as the "Premises" herein. <br />This License is made subject and subordinate to the prior and continuing right of Licensor to <br />use the Premises or the use of the public right -of -way. <br />(b) Provided that all of the terms and conditions of this Agreement are filly satisfied <br />as of the Commencement Date of this Agreement, City hereby grants to Licensee and its <br />employees, agents and contractors the non - exclusive, non - assignable, personal, revocable right <br />(as provided herein) and license to install and maintain within the Patio Area a three foot six inch <br />high combination block wall /wrought iron fence, eight - 96" tall gas lamp lighting fixtures with <br />supporting gas supply line, and brick pavers to match the existing adjacent Alley surface. <br />Utilities to serve a potential fire pit and a water feature are also included within the permitted <br />uses of the Premises. Except for the rights and uses expressly granted and permitted under this <br />Agreement, it is expressly understood that this Agreement does not in any way whatsoever grant <br />or convey any other rights of possession, any easement interest or other cognizable property <br />interest in said Premises. <br />(c) Licensee may not use the Patio Area to dispense food and beverage products <br />unless and until Licensee (or its tenant) applies for and secures an outdoor dining license <br />agreement in compliance with the City's Outdoor Dining Ordinance Standards and Procedures <br />on file with the City's Public Works Agency. Should Licensee (or its tenant) secure an outdoor <br />dining license agreement for the use of the Patio Area, Licensee (or its tenant) may use the Patio <br />Area for outdoor dining and this Agreement shall become null and void and Licensee (or its <br />tenant) shall follow the rules and regulations pertaining to the Outdoor Dining Ordinance (Santa <br />Ana Municipal Code Section 33 -168 through 33 -180) and any agreements issued thereunder. <br />2. LICENSE AND RENEWAL FEE <br />Licensee shall pay to the City a License fee equivalent to the Outdoor Dining Application <br />Fee of $1,208.57. Every year hereafter, the Licensee may renew the License subject to a License <br />renewal fee at a rate equivalent to the Outdoor Annual License Fee to as set by the resolution of <br />the City Council, as amended from time to time, for the use of the Premises. The current License <br />renewal fee for fiscal year 2014/2015 is $0,79 per square foot of the Premises. <br />1) <br />