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INSURANCE NOT ON FILE A-2024-134 WORK MAY NOT PROCEED CITY CLERK DATE: NOV 1 4 2024 0.. ?WA(.t) LICENSE AGREEMENT (' .Y1e4 Gt e -)4"ff This LICENSE AGREEMENT("Agreement")is dated as of August 20,2024("Effective Date"), 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 K&C Logistics, LLC ("Licensee"). RECITALS A. The City owns real property at the western and eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana,as particularly described in Exhibit A, attached hereto and incorporated by reference(collectively,the"License Area"). B. The License Area is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within three to five years of the date of this Agreement. C. Licensee is a logistical and transportation services company that desires to use and access the License Area for parking of its vehicles. City desires to allow Licensee the exclusive use of and access to the Property for this purpose alone("Permitted Uses"). D. 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: 1. License. The City hereby grants to Licensee an exclusive license for the right to enter and use the License Area on the date first written above, for the Permitted Uses described in Recital C, 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 for a three(3)year term from the Effective Date. Upon the expiration of the three (3)year term,this Agreement shall continue on a month- to-month basis. The License may be terminated by the City or Licensee at any time upon sixty(60) days written notice. In no case shall the maximum term of this Agreement exceed five years without the prior written consent of the City. 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)to reduce stormwater pollution from 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 Page 1 of 6