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SCE Doc. 319004 Att. <br />LICENSE AGREEMENT <br />Contract No. 9.5074 <br />THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation <br />organized under the laws of the State of California, called "Licensor", and CITY OF SANTA ANA <br />DEPARTMENT OF PARKS AND RECREATION, called "Licensee"; <br />WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the <br />terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does <br />hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter <br />specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, <br />hereinafter designated as "Property" on the Exhibit "A" attached hereto and made a part hereof, being <br />all of Assessor's 'Parcel:Number 410-223-07, situated in the City of Santa Ana, County of Orange, State <br />of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and <br />easements, whether or not of record. <br />Acknowledgment of License and Disclaimer of Tenancy <br />Licensee acknowledges and agrees that the License constitutes a limited, revocable, non -possessory, <br />personal and non -assignable privilege to use the Property solely for those permitted uses and activities <br />expressly identified in the Agreement (the "License Privilege"). Licensee further acknowledges and <br />agrees that: <br />• The consideration paid by Licensee pursuant to Article 3 of the Agreement is <br />consistent with the value of the rights comprising the License Privilege; the <br />consideration is not consistent with the higher market value for a greater right, <br />privilege or interest (such as a lease) in the Property or similarly situated parcels. <br />e Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or <br />leasehold in relation to the Property. <br />• The Agreement and/or any prior and/or future acts or omissions of Licensor shall <br />not create (or be construed as creating) a leasehold, tenancy or any other interest in <br />the Property. <br />• Licensor may terminate the License and revoke the License Privilege at any time, <br />subject, if applicable, to a notice period agreed upon by the parties, as more <br />particularly set forth in the Agreement. <br />• In consideration of Licensor's grant of the License, Licensee specifically and expressly <br />waives, releases and relinquishes any and all right(s) to assert any claim of right, <br />privilege or interest in the Property other than the License. <br />s Licensee further acknowledges and agrees that without the representations and <br />agreements set forth herein, Licensor would not enter into the Agreement. <br />Rev8 2016-05-11 GS -KB <br />-3- <br />251-5 <br />Initial ()/i ) <br />Licensor/Licensee <br />