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irt¢;uHnveErypl RE:p�IIN €f! A- 2003 -119 <br />1Y(1Rf( [VIAY I)ROCEED <br />CLERK OF COUNCIL <br />CATE: / 30 `9'/ <br />(',` 190 NON-E XCLUSIVE LICENSE AGREEMENT <br />C") This License Agreement is entered into on 200 [, by and between <br />the CITY OF SANTA ANA, a charter city and mumcipa corporation of the State of California <br />( "City "), and the LITTLE SAIGON BUSINESS DISTRICT COMMITTEE ( "Licensee "). <br />ACKNOWLEDGEMENTS <br />a. Licensee certifies that it is a group of business persons that share a mutual interest in <br />promoting cultural diversity throughout Orange County and the City of Santa Ana. <br />b. The City owns or has an easement certain real property which consists of the public <br />right -of -way being the gutters, curbs and sidewalks of First Street (the "License Area'). The parties <br />agree and acknowledge that the License Area includes all real property belonging to the City as <br />described in greater detail in Exhibit A hereto. <br />C. Licensee desires to have the right to maintain and repair the sign, which it shall <br />construct front and rear as depicted in Exhibit A -1, so long as the City shall retain it therein. <br />GRANT OF LICENSE <br />a. City grants to Licensee a personal, non - exclusive, revocable personal right and <br />license ( "License ") to Licensee to enter upon the License Area as hereinabove described and <br />shown in general in Exhibit A, attached hereto and incorporated herein by reference, for the <br />purpose of repairing, maintaining and ensuring the continued operation of the sign located in the <br />License Area. Nothing contained herein is intended, nor shall it be interpreted as, a commitment or <br />pledge by the City to retain the sign currently located in the License Area. <br />b. Licensee may not encroach upon the License Area .fox any other purpose or <br />business than those specified in paragraph 2.a., above, other than pedestrian purposes already <br />available to members of the general public, without obtaining the prior written consent of the <br />City's Executive Director of the Public Works Agency. <br />C. City will not be held responsible for loss of, or damage to, any improvements <br />made by Licensee in the License Area. <br />d. This License in no way abrogates the right of City to enforce its abatement of <br />public nuisance provisions. <br />C. This License is made subject and subordinate to the prior and continuing right of <br />City to use the public right -of-way, including without limitation, (i) the right to remove said sign <br />for any reason; and (ii) the right to undertake its own maintenance and graffiti removal in the <br />exercise of its sole and exclusive judgment. No action of the City shall relieve Licensee of its <br />duties under this License. <br />Paelof5 <br />Exhibit 2 <br />65A -5 <br />