Item 17 - License Agreement Template

Home Browse Search

Page 2 of 4 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) Non-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. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) [https://media.ocgov.com/gov/pw/watersheds/documents/bmp/constructionactivities.asp] 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, Licensee shall pay City a total license fee of $[insert amount]. Licensee shall pay this amount upon full execution of this Agreement. Licensee shall pay the monthly fee of $[insert amount] for any extension of the Agreement pursuant to Section 1. 8. 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 of the License Area will be on the basis of Licensee’s own investigation of the condition of the License Area. The license to use the License Area shall be 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 License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee’s use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is 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 License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a. Commercial General Liability Insurance. 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 Parties use of the License Area, including, without limitation, acts