HomeMy WebLinkAbout25D - AGMT LICENSE PLAZA CALLE CUATROREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 7, 2019
TITLE:
APPROVE A LICENSE AGREEMENT WITH
EAST END REALTY PARTNERSHIP, LP,
AND WURSTHAUS, INC. FOR
TEMPORARY OUTDOOR DINING
ACTIVITIES AT PLAZA CALLE CUATRO IN
THE AMOUNT OF $636
{STRATEGIC PLAN GOAL 3, NO. 3 & 4}
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY M NAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute a license agreement with East
End Realty Partnership, LP, and Wursthaus, Inc. to conduct temporary outdoor dining activities
within Plaza Calle Cuatro, in the amount of $636 for the period of May 7, 2019 to November 6,
2019, subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The property owner of the property located at 301-305 East 4th Street (East End Realty
Partnership, LP) requested the City to consider approving a license agreement (Exhibit 1) to
permit outdoor dining activities within a city -owned property currently used as an outdoor public
plaza maintained by the Parks, Recreation & Community Services Agency in Downtown Santa
Ana. The goal of staff and the property owner is to enhance the Downtown environs and to
evaluate if outdoor dining is feasible in the Plaza.
While the City has an Ordinance permitting outdoor dining in Downtown, it is limited to public
sidewalks. The width of the sidewalk adjacent to the business is approximately 10 feet and is too
narrow to accommodate both pedestrian and outdoor dining activities. The proposal is to allow
temporary outdoor dining activities associated with the Wursthaus to occur within Plaza Calle
Cuatro. The business has frontage to the Plaza and is located on the adjoining property to the
west of the Plaza. If approved, this proposed license agreement will not set a precedent for other
businesses in Downtown to make a similar request, as there are no other businesses in
Downtown with a frontage sharing a property line with this public plaza. Similar to other
agreements allowing outdooring dining within the public sidewalk in Downtown, the proposed
dining activity will not require additional parking as it is within Downtown and the users have
access to public parking structures.
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Plaza Calle Cuatro Temporary Outdoor Dining License Agreement
May 7, 2019
Page 2
Under the proposal, an approximate 200 square foot area (10' x 20') located immediately
adjacent to the southwest corner of Plaza Calle Cuatro and adjacent to the business entrance will
be utilized for limited outdoor dining activities when not utilized by the City for publicly sponsored
events (Exhibit 2- Vicinity Map and Site Layout). The pictures below illustrate the vision of the
proposal.
The use of the space will be limited to food and beverage services conducted by the Wursthaus
located at 305 E. 4th Street, Suite 106. The proposed outdoor dining activities will coincide with
the hours of operation from the restaurant. While these hours may change from time to time, the
restaurant currently operates from 11 AM to 12 AM Sundays through Tuesdays, 11 AM to 1 AM
Wednesdays through Thursdays, and 11 AM to 2 AM Fridays through Saturdays.
Fixtures within this outdoor dining area will be limited to removable outdoor chairs, tables,
umbrellas, and if desired, border barriers that will be put out during hours the business is open to
the public and removed at closing. Outdoor service will be limited to food services and non-
alcoholic drinks at this time. Currently, the business does not have the City's or the State's
approval to conduct sales of alcohol outside of the restaurant. If the operator desires to serve
alcohol in the outdoor dining area, approval from the City Planning Commission and the
California Department of Alcoholic Beverage Control will be required. Photo illustrations of the
proposed activities are as shown in Exhibit 3.
Salient Terms of the Agreement: The license agreement will be limited to a 6 -month term with
no extension. The term limit will allow both the City and the property owner to evaluate the
feasibility of ongoing outdoor dining activities in this area. Should the owner desire to move
forward with an on-going request after the 6 -month period, such a request and proposed new
terms will need to be considered in the future by the Board and the City Council.
In addition, when needed by the City for public events, no outdoor dining activities are permitted.
The City will also retain the right to conduct unplanned events upon 24-hour notice to the
licensed party.
The proposed license fee would be $106 per month. This fee amount is derived by converting
the current daily rental fee of $150 for the entire plaza converted to a daily per square foot rental
fee. Based on this recommended fee, the total 6 -month period will generate a one-time up -front
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Plaza Calle Cuatro Temporary Outdoor Dining License Agreement
May 7, 2019
Page 3
payment of $636. In addition, the licensee will be responsible for maintenance of the dining area,
providing insurance coverage, and compliance with other City regulations.
COMMISSION/BOARD/COMMITTEE RECOMMENDATION
At the regular meeting of March 27, 2019, the Board of Recreation and Parks considered this
matter and voted unanimously to recommend to the City Council approval of the license
agreement.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), the proposed licensing and
leasing activity is exempt from further review in accordance with CEQA Guidelines Section 15301
(Existing Facilities).
STRATEGIC PLAN ALIGNMENT
Approval of this item assists the City in meeting Goal #3 — Economic Development, Objectives 3
(promote a solutions -based customer focus in all efforts to facilitate development and investment
in the community) and 4 (continue to pursue objectives that shape downtown Santa Ana into a
thriving, culturally diverse, shopping, dining, and entertainment destination).
FISCAL IMPACT
City of Santa Ana will be receiving revenue in the amount of $636 total, a one time non-
refundable fee, from this 6 -month license (June 1, 2019 through November 30, 2019). The funds
received will be deposited in Fiscal Year 2018/19 in the Park, Recreation & Community Services
- Recreation Facility Rental Revenue (Account # 01113002-57361).
O
Minh Thai
Executive Director
Planning and Building Agency
IA�� 2_t
Kathryn Downs tm
Executive Director
Finance and Management Services
sa dloff Q
Executive Director
Parks, Recreation and Community Services
Agency
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Plaza Calle Cuatro Temporary Outdoor Dining License Agreement
May 7, 2019
Page 4
Exhibits: 1. License Agreement
2. Vicinity Map and Site Layout
3. Photo Example
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EXHIBIT 7
TEMPORARY OUTDOOR DINING
LICENSE AGREEMENT
This TEMPORARY OUTDOOR DINING LICENSE AGREEMENT (hereinafter
"License Agreement"), entered into this 71 day of May, 2019, by and between the City of Santa Ana,
a charter city and municipal corporation of the State of Califomia (hereinafter "City"), East End
Realty.Partnership,-LP and Wursth_ausi-_Inc_. (hereinafter collectively "Licensee") is made with
reference to the following:
RECITALS:
WHEREAS, City owns certain real property located at 325 E. 4`h Street; and
WHEREAS, the property is currently used as a public plaza maintained by the Parks,
Recreation, and Community Services Agency and the public plaza is known as Plaza Calle Cuatro (the
"Plaza') as more particularly described in Exhibit "A7',- and
WHEREAS, City and Licensee desire to enter into a License Agreement to allow temporary
outdoor dining activities within a portion of the Plaza, upon the terms and conditions set forth herein,
adjacent to real property located at 301-305 E. 4'h Street, Suite 106, City of Santa Ana, County of
Orange, State of California (the "Property') which is further described in Exhibit'B' , and
WHEREAS, the approval of this License Agreement is to implement temporary outdoor
dining activities directly associated with a business having frontage along and sharing a property line
with the Plaza.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM AND PURPOSE OF LICENSE
The City hereby grants to Licensee upon each of the covenants and conditions set fortis herein for a six
(6) month period commencing oR- e -I.:2019: and ending on November 30: 2019, unless earlier
terminated as herein set forth, a license to conduct outdoor dining -activities within an open arra
consisting of 200 square feet located near the southwest comer of the Plaza adjacent to certain real
property located at 301-305 E. 4'h Street, Suite 106, in the City of Santa Ana, County of Orange, State
of California, more particularly described in Exhibit "C" attached hereto and incorporated herein by
reference (hereinafter referred to as the "Licensed Premises'). This Agreement is intended and shall
be construed only as a revocable license to use the Licensed Premises and not as a lease or grant of
any possessory or other interest.
2. LICENSED PREMISES AND USE
(a) The Licensed Premises covered by this License Agreement shall be only such as
described in Paragraph 1 and Exhibit "C" hereto. Licensee shall not use any premises or property
that is not specifically described herein. The products Licensee shall dispense on the Licensed
Premises are food and beverage products only.
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(b) Licensee shall at all times comply with all City regulations and any applicable Outdoor
Dining Ordinance Standards and Procedures on file with the City's Public Works Agency and as
provided to Licensee as part of this License Agreement.
(c) The Licensed Premises may not be used by Licensee when in use by the City for City -
sponsored events upon at least 24 hours' notice provided by the City. Such notice shall provide the
Licensee information regarding day(s) and hour(s) and duration of the event. Licensee shall clear
Licensed Premises of furnishings and shall not impede City use of the Licensed Premises when
notified of all such events.
(d) From time to time, the Plaza will be rented for temporary private use by the public through
the City's public facility reservation program. Licensee may continue the use of the Licensed
Premises as described in this Agreement and shall not infringe, disturb, prohibit, or impede all
activities approved by the City under the program that may include, but are not limited to: outdoor
concerts with amplified sound, parties, fairs, and specialty pop-up events.
(e) Licensee shall not use, and shall prohibit its Agents or Invitees from using, the
Licensed Premises other than for the uses described in this Agreement The term "Agents" shall mean
Licensee's officers, directors, members, agents, employees, invitees, contractor;, subcontractors, and
any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers,
or business visitors.
3. LICENSE FEE
Upon execution of the License Agreement; Licensepcshall pay to the City, a one-time non-
refundable fee of Six Hundred Thirty Six DollarsWG3.& )i payment to the City shall be made
payable to the order of the "City of Santa Ana" and delivered to the Parks, Recreation & Community
Services Department
4. EQUIPMENT
(a) Licensee shall, at its sole cost and expense, provide portable furnishings including chairs,
tables, umbrellas, and if desired, decorative barriers. No permanent barriers, fixtures, or
furnishing will be permitted.
(b) All equipment and furnishings and the cost of their installation shall be provided at the sole
expense of the Licensee. All such equipment used within the Licensed Premises, shall be
deemed to be Licensee's personal property, and shall be removed immediately by Licensee
every day when the business is not open to the public and at the termination or expiration of
this License Agreement.
(c) Licensee shall not modify the Licensed Premises in any manner.
(d) At the termination or expiration of this Agreement, concurrent with removal of Licensee's
fixtures and equipment, Licensee, at its own expense, shall return the Licensed Premises to its
original condition to the satisfaction of the Executive Director of the Parks, Recreation &
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Community Services Agency (or designee).
5. UTILITIES
The Licensee shall pay all charges for fuel, gas, water, electricity, telephone services, and any
other utilities necessary to carry on the operations of Licensee. Licensee may apply to the City's
Building and Safety Division for a permit to run electricity to the outdoor dining area. Such permit
would be for a lighting plan which abides by the requirements in the City's Outdoor Dining Standards
and Procedures and pertinent City codes.
6. FOOD AND BEVERAGES
(a) All food and beverages for consumption on Licensed Premises sold or kept for sale by
Licensee shall conform to federal, state, county and municipal food laws, ordinances and
regulations in all respects.
(b) No adulterated, misbranded, or impure food or beverage shall be sold or kept for sale by
Licensee, and all food or beverage shall be stored and handled with due regard for
sanitation. Licensee shall not sell, give away, or serve any food or beverage in the outdoor
dining area in any container made from styrofoam or any other material which, in the sole
opinion of the City, will cause undue litter on or around the licensed Premises. The sale
of alcoholic beverages is allowed if in compliance with all applicable federal, state and City
statutes, regulations, rules and ordinances.
7. MAINTENANCE AND MAINTENANCE DEPOSIT
(a) Licensee shall maintain the Licensed Premises in a neat, clan, sanitary and safe condition,
to the satisfaction of the City, at the sole cost and expense of the Licensee. At its sole cost,
Licensee shall, at the expiration or earlier termination of this Agreement, restore the
Licensed Premises to their original condition in which they existed immediately prior to the
Agreement, lave the Licensed Premises in a neat and clean condition to the sole
satisfaction of City, free of trash and debris, and remove all property and materials of
Licensee.
(b) Upon execution of the License Agreement, Licensee shall provide a maintenance deposit in
the form of a cash deposit to the Parks, Recreation & Community Services Agency in the
amount of One Thousand ($1,000.00). Said deposit shall be held by the City, without
liability for interest, as security for the faithful performance by Licensee of terms,
covenants and conditions of this Agreement pertaining to Licensee's maintenance of
Licensed Premises.
(c) During the term of this License Agreement, the City shall have the right, at its option, to
appropriate and apply the entire maintenance deposit or so much thereof as may be
necessary to compensate the City for all damage or repairs to the Licensed Premises due to
brach of this covenant on the part of Licensee. Should the entire deposit or any portion
thereof be appropriated and applied by the City hereunder, Licensee shall, upon written
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demand of the City, forthwith remit to the City sufficient amount to restore said outdoor
dining area maintenance deposit to the original sum deposited. Licensee's failure to do so
within five (5) days after receipt of such demand shall constitute a breach of this
Agreement. The rights and remedies granted to City pursuant to this Paragraph are in
addition to City's other remedies as provided in this License Agreement and by law. The
deposit will be refunded upon termination of the License Agreement after an inspection of
the condition of the Licensed Premises, paving and fixtures by the City's Parks, Recreation
& Community Services Department.
8. GARBAGE AND RUBBISH
Licensee's management shall keep the Licensed Premises clear of litter, food scraps and soiled
dishes and utensils. No boxes, barrels, supplies or rubbish in any form shall be kept, piled or stored in
the Licensed Premises or surrounding areas. As required by the City, Licensee shall provide standard
garbage receptacles, shall place therein all garbage and refuse, and shall arrange with the City's
Sanitation Division or other approved contractor for collection from an approved location at
Licensee's expense. If disposable materials are used, the Licensee shall comply with all applicable
City recycling programs.
9. WARRANTIES. ALTERATIONS AND REPAIRS
City makes no representation or warranty of any kind as to the condition of the Licensed
Premises or any other matter relating to Licensee's use of the Licensed Premises. Licensee hereby
disclaims and waives any and all objections to the physical and other characteristics and conditions of
the Property. Licensee acknowledges and agrees that the use of the Licensed Premises will be on the
basis of Licensee's own investigation of the condition of the Licensed Premises. The license to use
the Licensed Premises is granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation
or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which
Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a
particular purpose or use. Licensee's use of the Licensed Premises shall be subject to the Licensed
Premises being in a usable and safe condition at the time of Licensee's use, and Licensee shall be
solely responsible for determining whether the Licensed Premises are in such condition. In connection
therewith, in the event that the Licensed Premises or access thereto are damaged or obstructed, or the
use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to
repair the damage or rectify the condition to make the Licensed Premises usable or safe.
Licensee shall not make any changes or remove any portion of the Licensed Premises without first
securing the prior consent of the Executive Director of the Parks, Recreation & Community Services
Department (or designee). All such approved changes or removals shall be at the sole expense of
Licensee.
10. SIGNS. UMBRELLAS, MUSIC AND MERCHANDISE
Licensee shall be allowed to use free-standing umbrellas provided they meet the City's
Outdoor Dining Standards and Procedures for placement and maintenance. No signs or advertising
matter of any kind shall be displayed in the outdoor dining area, except as approved by the City's
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Planning Department. Unamplified musical instruments or sound reproduction systems are
permitted in outdoor dining areas, but shall be maintained at sufficiently low volumes so as not to
unduly intrude on neighboring businesses, residents, or users of the public right-of-way and the
Licensed Premises.
1 1. CONDUCT
Licensee shall at all times conduct its business or operate its business in a quiet and orderly manner
to the satisfaction of the City.
12. NO LIENS
Licensee shall not permit any mechanics', materialmen's or other liens of any kind or nature
("Liens') to be filed or enforced against the Licensed Premises or Property in connection with this
Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and all
liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from
any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to
post and maintain on the Licensed Premises or Property, or any portion thereof, or on the
improvements on the Property, any notices of non -responsibility or other notice as may be desirable to
protect City against liability
13. INGRESS AND EGRESS
The City reserves the right to enter upon the Licensed Premises covered by this License
Agreement at any and all times during the term of this License Agreement. No merchandise may be
stored or displayed on or about the Licensed Premises.
14. TAXES
(a) Licensee shall exonerate, indemnify, and hold harmless the City from and against, and shall
defend the City from and against, and shall assume full responsibility for, payment of all wages or
salaries and all federal, state, and local taxes or contributions imposed or required under the
Unemployment Insurance, Social Security, Income Tax laws, Workers' Compensation laws, or other
laws with respect to the Licensee's employees engaged in the performance of Licensee's obligations
and operations hereunder.
(b) Licensee hereby recognizes and understands that this License Agreement may create a
possessory interest subject to property taxation and that Licensee may be subject to the payment of
property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax
liability of Licensee solely, and shall be paid for by the Licensee; and any such tax payment shall not
reduce any payments due City hereunder. In addition, Licensee shall pay any personal property taxes
that may become due for equipment fixtures, inventory, or other personal property installed,
maintained or present on the Property.
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15.
(a) Licensee shall maintain commercial general liability insurance which shall include, but
not be limited to, protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence arising out of
Licensee's use of the Licensed Premises or Property, including, without limitation, acts involving
vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying
to bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (i) name
the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (ii) be
primary and not contributory with respect to insurance or self-insurance programs maintained by the
City; and (iii) contain standard separation of insureds provisions.
(b) Pursuant to state law, Licensee is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing the performance of services
under this Agreement, Licensee agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
(c) Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this
Agreement, Licensee shall finish to City certificates of insurance and additional insured
endorsements to each of Licensee's insurance policies, evidencing the foregoing insurance
coverages as required by this Agreement. These certificates shall:
i. provide the name and policy number of each carrier and policy;
ii, shall state that the policy is currently in force; and
iii. shall promise to provide that such policies will not be canceled, suspended,
voided, reduced in coverage or in limits, or modified without thirty (30) days prior written
notice of City.
(d) Licensee shall maintain the foregoing insurance coverages in force throughout the term of this
Agreement. City or its representatives shall at all times have the right to demand the original
or a copy of all these policies of insurance, which Licensee shall provide within five (5) days
of City's request.
16. COMPLIANCE WITH LAWS AND ORDINANCES
Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the
Licensed Premises in compliance with all laws, regulations, codes, ordinances and orders of any
governmental or other regulatory entity, and whether or not in the contemplation of the parties.
17. PERMITS AND LICENSES
Licensee shall be responsible for obtaining all approvals, licenses, permits and permissions of
Federal, State and local authorities, which may be necessary to implement Licensee's activities on the
Licensed Premises. Licensee agrees and acknowledges that nothing herein is intended, nor shall it be
interpreted, to bind the City to issue or grant any permits or entitlements needed to perform any work
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or improvements specified in this Agreement
18. PROHIBITION AGAINST TRANSFER
The permission, rights and privileges granted under this Agreement are non-exclusive and non-
transferable. Licensee shall not, either voluntarily or by operation of law, assign, transfer, mortgage or
encumber this License or any obligation, right, title or interest assumed by Licensee herein, without
the prior written consent of the City, which may be withheld at the sole discretion of the City.
Licensee shall not sublicense, or permit, or suffer the Property or any part thereof to be used or
occupied by others. If Licensee attempts an assignment or transfer of this License or any obligation,
right, title or interest herein, City may at its option, immediately terminate the License and shall
thereupon be relieved from any and all obligations to Licensee or to its attempted assignee or
transferee.
19. WAIVERS
A waiver by the City of any breach of any tern, covenant or condition contained herein shall not
be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or
condition contained herein, whether of the same or a different character.
20. INDEMNITY AND HOLD HARMLESS
Licensee shall indemnify, defend, and hold harmless City, and its respective agents, officers,
representatives, employees, subsidiaries and affiliates ("Covered Party) from and against any and all
actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to
persons and property, including death, arising out of or related to Licensee's use of the Licensed
Premises or Property, the entry by any Licensee Party on any portion of the Licensed Premises or
Property or surrounding property or Facilities, or Licensee's breach or default in the performance of
any of its obligations under this Agreement. If any action or proceeding is brought against any
Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered
Party, shall defend the same at Licensee's sole expense with legal counsel reasonably acceptable to
Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in
this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition
precedent to the duty to defend. The provisions of this section shall survive the termination or
expiration of this Agreement.
21.
It is understood and agreed that Licensee, in the performance of this License Agreement, will
be acting in a wholly independent capacity and not as agents, employees, partners, or joint ventures of
the City. This Agreement does not create a tenancy of any nature whatsoever between the City and
Licensee.
22. TERMINATION
City reserves the right to suspend all activities or terminate this Agreement upon Licensee's
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non-compliance with any of the terms or conditions of this Agreement. Such suspension or
termination shall be effective immediately. City may otherwise revoke this License at any time by
providing thirty days' written notice to Licensee.
23. NOTICES
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this section, to the following persons:
To Licensee: East End Realty Partnership, LP
129 W. Wilson Street, Suite 100
Costa Mesa, California 92627
Wursthaus, Inc.
305 E. 411 Street #106
Santa Ana, California 92701
To City: City of Santa Ana
20 Civic Center Plaza, 7a' Floor
Santa Ana, California 92701
Attention: City Attorney
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza, 81h Floor
Santa Ana, California 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty-four (24) hour; after
the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as
set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City
holidays shall be excluded.
24. GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California. Any litigation or
other legal proceedings that arise under or in connection with this Agreement shall be conducted in a
federal or state court located within Orange County, California. The Parties consent to the personal
jurisdiction and venue in federal or state court located within the County of Orange, California and
hereby waive any defenses or objections thereto.
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25. SEVERABILITY
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections
contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree
of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the Parties hereunder.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire and integrated agreement of Licensee and City with
respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or
written negotiations, representations or agreements.
IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed the day and
year first above written.
ATTEST:
NORMA MITRE
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
By: U
Ll9-A STOR
Assistant City Attorney
LICENSEE:
West End Realty Partnership, LP
Ryan Chase
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
RECOMMEND APPROVAL:
MINH THAI, Executive Director
Planning and Building Agency
LICENSEE:
Wursthaus, Inc.
Gabrie Ruiz
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EXHIBITA
DESCRIPTION OF PLAZA CALLE CUATRO
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Vicinity Map
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Site Layout
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EXHIBIT 2
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VICINITY MAP AND SITE LAYOUT
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EXHIBIT 3
ATTACHMENT3
PHOTO EXAMPLES
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25D-24