WALSH CONSTRUCTION COMPANY II, LLC (2)

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N-2023-306 INSURANCE ON FILE WORK MAY PROCEED UNTIL tNSURANCEEXPIRES (.'riq.% CITY CLE�tK DATE: NOV 17 ZOZ3 pwF'<(z)�� LICENSE AGREEMENT (EA.LA O"" This LICENSE AGREEMENT ("Agreement") is dated as of September 28, 2023, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and Walsh Construction Company II, LLC ("Licensee"). A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as 1000 E. Santa Ana Blvd., Santa Ana, CA 92701 (APN 398-204-04), as depicted on Exhibit A ("License Area"). B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on October 9, 2023, for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until June 9, 2024, unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City or Licensee upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 3. Best Management Practices and Clean Up. At its sole cost, Licensee shall clean up and install, implement, and maintain Best Management Practices (BMPs) at the License Area as outlined below. Within seven (7) days of occupying the License Area, the Licensee shall: (a) Remove old and/or damaged sediment control BMPs from the License Area and install new sediment control BMPs along the entire perimeter of the License Area. Appropriate sediment control BMPs include straw wattle, gravel bag berm, or silt fence. Licensee shall install sediment control BMPs per the SE-5, SE-6, or SE-1 details provided in the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. (b) Install tracking control BMPs at the vehicle access point to the License Area. Licensee shall install tracking control BMPs per the TC-1 detail provided in the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. (c) Install a fence, if required, and Green Screen. Throughout the duration of the License Agreement, the Licensee shall: Page 1 of 6