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4. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: a) Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. b) Tracking control (TC) BMPs to control off site sediment tracking shall be implemented andmaintained. c) Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. d) Pollution prevention practices shall be implemented. e) Nan-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. f) Erosion Control BMPs shall be implemented, as appropriate. g) Wind erosion control BMPs (dust control) shall be :implemented; as appropriate. h) Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities, i) Pence with green screen For specific guidance reference, reference the Construction .Runoff Guidance Manual (Orange County Stonnwater Program, December 2012) [ht__pt sJdmedia ocgov oomfZov/pw/watersheds/docuinents/bW/consti-actiona tivities.aspj or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. 5. Damage, In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7, Fee. As consideration for this Agreement, City shall be credited $15,000 for hem #1 of Change Order #F2 for project 17-9001 South Main Corridor Improvements between the City and C.S. Legacy as described in a modified Change Order #2 to be acknowledged in writing by both parties. The City shall be afforded this credit upon full execution of this Agreement. Lleoasee shall pay the monthly fee of $2,500 for any extension of the Agreement pursuant to Scotian 1. S. AS -IS Condition, City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use Page 2 of 5