|
state and local statutory and regulatory requirements, including but not limited to the US EPA, Cal
<br />EPA, State Water Resources Control Board, Department of Toxic Substances Control and South
<br />Coast Air Quality Management District, as applicable.
<br />5.6 NPDES Requirements. Licensee shall comply with the requirements of Santa
<br />Ana's National Pollutant Discharge Elimination System ("NPDES") permit, and shall utilize the
<br />Property in such a manner as to prohibit pollutants from entering the storm drain. Licensee shall
<br />not construct, maintain, operate and/or utilize any illicit connection on the Property, nor shall
<br />Licensee cause or allow any prohibited discharge from the Property.
<br />5.7 Improvements. Licensee shall not install or make any improvements to the
<br />Property, except as provided herein, without the written approval of the City. At no time shall the
<br />Licensee install or make permanent improvements of any kind. The Licensee agrees that prior to
<br />commencing any approved improvements, it will obtain plan approval from the City's Planning
<br />and Building Agency, and that it will obtain all required permits and inspections. Licensee shall
<br />be solely responsible for all costs of the installation, operation, maintenance, repair and removal
<br />of any approved improvements on the Property.
<br />5.8 Maintenance. Licensee shall maintain the Property in a neat, clean, sanitary and
<br />safe condition, to the satisfaction of the City, at the sole cost and expense of the Licensee. The
<br />Property shall be maintained in a manner consistent with community standards which will uphold
<br />the value of the Property, in accordance with this Agreement, the Santa Ana Municipal Code and
<br />all other applicable local, state and federal rules, regulations and standards.
<br />5.9 No Liens. Licensee shall not permit any mechanics', materialmen's or other liens
<br />of any kind or nature ("Liens") to be filed or enforced against the Property in connection with this
<br />Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and
<br />all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising
<br />from any Liens. City reserves the right, at its sole cost and expense, at any time and from tune to
<br />time, to post and maintain on the Property, or any portion thereof, or on the improvements on the
<br />Property, any notices of non -responsibility or other notice as may be desirable to protect City
<br />against liability. In addition to, and not as a limitation of City's other rights and remedies under
<br />this Agreement, should Licensee fail, within ten (10) days of written request from City, either to
<br />discharge any Lien or to bond for any Lien, or to defend, indemnify and hold harmless City from
<br />and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option,
<br />may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related
<br />thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as
<br />applicable, by Licensee upon written demand.
<br />5.10 No Reimbursement or Repa vent. Licensee shall not have any interest in the
<br />Property other than those granted herein or be entitled to any reimbursement or repayment for any
<br />work performed upon the Property pursuant to this Agreement. City shall not be held responsible
<br />for loss of or damage to, any personal property left on the Property, or improvements made by
<br />Licensee on the Property.
<br />Page 5 of 13
<br />
|