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INSUHMCE UN tILL <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRL5 <br />_([•I <br />CLERK OF COUNCIL <br />DATE: <br />LICENSE AGREEMENT <br />N-2022-174 <br />ii: pWh(Alex D)(AVl2 This LICENSE AGREEMENT ("Agreement") is dated as of June 6, 2022, and entered into by and <br />between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the <br />Constitution and laws of the State of California ("City"), and Fleenor Belco Electric, Inc. ("Licensee"). <br />c RECITALS <br />N <br />® A. The City is the owner of that certain real property located in the City of Santa Ana, County <br />cv of Orange, California, more specifically identified as 1302 St. Andrew Place & 1301 W Carlton Place <br />a (APN 408-332-01 & 408-332-18), as depicted on Exhibit A ("License Area"). <br />B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and <br />other construction equipment and stockpile during the License period ("Permitted Uses"). <br />C. The City has agreed to grant Licensee a license to use the License Area, on the terms and <br />conditions set forth in this Agreement. <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />I. License. The City hereby grants to Licensee a nonexclusive license for the right to enter <br />and use the License Area beginning on June 14, 2022, for the Permitted Uses described in Recital B, upon <br />the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its <br />obligations under this Agreement. This License shall remain in effect until October 28, 2022, unless <br />extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The <br />License may be terminated by City upon thirty (30) days written notice. This Agreement is intended and <br />shall be construed only as a revocable license to use the License Area and not as a lease or grant of any <br />possessory or other interest. <br />2. Compliance with Laws. Licensee shall cause all activities of Licensee under this <br />Agreement and all activities on the License Area to be performed in compliance with all applicable federal, <br />state, and local laws, ordinances, and regulations, and permits. <br />3. Best Management Practices and Clean Up. At its sole cost, Licensee shall clean up and <br />install, implement, and maintain Best Management Practices (BMPs) atthe License Area as outlined below. <br />Within seven (7) days of occupying the License Area, the Licensee shall: <br />(a) Remove old and/or damaged sediment control BMPs from the License Area and install <br />new sediment control BMPs along the entire perimeter of the License Area. <br />Appropriate sediment control BMPs include straw wattle, gravel bag berm, or silt <br />fence. Licensee shall install sediment control BMPs per the SE-5, SE-6, or SE-1 details <br />provided in the California Stormwater Quality Association (CASQA) Stormwater <br />BMP Handbook for Construction. <br />(b) Install tracking control BMPs at the vehicle access point to the License Area. Licensee <br />shall install tracking control BMPs per the TC-1 detail provided in the California <br />Stormwater Quality Association (CASQA) Stormwater BMP Handbook for <br />Construction. <br />(c) If required by the City, install a fence and Green Screen. <br />Page 1 of 5 <br />