City Manager’s Office
www.santa-ana.org/cm
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 7, 2025
TOPIC: License Agreement with Bowers Museum for Digital Marquee Placement
AGENDA TITLE
License Agreement with Bowers Museum for Digital Marquee Placement
RECOMMENDED ACTION
Authorize the City Manager to execute a license agreement with The Charles W.
Bowers Museum Corporation to grant the City use of a specific section of real property, located on the northeast corner of 1914 W. Main St., for placement of a digital marquee for a 10-year term, with provisions for an automatic 10-year extension. (Agreement No.
A-2025-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On August 6, 2024, the City Council approved an agreement with Outdoor Dimensions, LLC, in the amount of $1,859,909, for installation of 6 (six) digital marquees at City parks and at Bowers Museum, as part of the Revive Santa Ana pandemic recovery initiative’s Expansion of Critical Communications. This project, funded by the American Rescue Plan Act (ARPA), aims to deliver important information about City programs, events, news, and resources to residents.
Approval of the license agreement with The Charles W. Bowers Museum Corporation (Exhibit 1) would allow the City to install the digital marquee at Bowers as part of the citywide digital marquee project. The license agreement grants the City the use of approximately 300 square feet of its property at the northeast corner of 1914 W. Main St. to install and operate the digital marquee. This includes an easement to access the license area to conduct repairs, maintenance, and/or improvements to the marquee. In return, the City would grant Bowers 10 percent of the digital marquee screen time to promote its programs, exhibitions, and events, including the availability of free admission for Santa Ana residents on Sundays and the free monthly festivals that it provides for the community.
License Agreement with Bowers Museum for Digital Marquee Placement October 7, 2025
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The license agreement is for a 10-year term, with an automatic 10-year extension and an annual renewal unless the City chooses to terminate the agreement. The timeframe of the digital marquee agreement approximately coincides with the timeframe and extensions for the current Bowers operating agreement with the City, which provides Bowers with the option for two 10-year extensions through April 30, 2036 and April 30, 2046. The following are Key Terms of the license agreement:
Key Terms
Term Initial term: 10 years from Commencement Date (first of month after marquee operational), and automatic
one 10-year extension unless City gives 90-day
termination notice.
Hold-Over Period If City continues to occupy the Licensed Area after the expiration or termination of this Agreement, the holding over will constitute a yearly renewal or extension of the Agreement.
End of Term City to transfer ownership, maintenance, utilities, and use of marquee to Bowers unless Bowers declines. If
Bowers declines, City must restore site and release
easement.
Default Either party may terminate with 90-day notice if obligations not performed (plus 60-day cure if needed); Bowers can place City in default with 45-day notice for Use Requirements violations; City can place Bowers in
default with 45-day notice for interference.
Location Licensed Area at 1914 N. Main St., APN 002-162-32.
Approx. 300 sq. ft. area for marquee + equipment.
City Responsibility City installs, operates, and maintains the digital marquee.
Bowers’ Display
Time
Bowers receives 10% of display time at no cost,
subject to City content review and emergency/public
safety messages.
Bowers’
Sale/Development
If Bowers sells/leases/develops Licensed Area
obstructing view, Agreement terminates.
Bowers must: (a) give 180-day notice; (b) reimburse
City $229,620.37 + 3% CPI on labor cost $38,871.92
per year of operation; (c) remove marquee after project breaks ground or sale completes; (d) City has first right of refusal to retain marquee/screen/equipment
Digital marquees have already have been installed and are operational at Centennial, Thornton, Delhi, and Jerome parks as part of this project. Approval of this item would allow the installation at both Bowers and Rosita Park to move forward. Alternately, as indicated in the August 6, 2024 staff report, should the marquee at Bowers not move forward, the City will prioritize the installation of a more costly double-sided marquee at License Agreement with Bowers Museum for Digital Marquee Placement October 7, 2025
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Santiago Park and forgo the marquee at Rosita Park. Staff recommends approval of the license agreement, as the Bowers location was selected as the preferred site due to its visibility and placement near an important City asset (Bowers).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER 2024-52 was filed for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Agreement
2. August 6, 2024 Staff Report
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager