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N-2008-153
<br />uaiiURANCE NOT ON FILE
<br />WORK MAY NOT PROCEED
<br />CLERK OF COUNCIL
<br />DATE: I I - ~ i - a~
<br />LICENSE AGREEMENT
<br />RM&R Site No. 1660
<br />Acquisition No. 7470
<br />0 ~ Pw R ('1) C
<br />has"'' ~'~'HIS AGREEMENT is made as of November 12, 2008, by and between CITY OF SANTA
<br />ANA, ("Licensor"), and CONOCOPHILLIPS COMPANY ("Licensee"); Licensor and Licensee,
<br />collectively, shall sometimes hereinafter be referred to as the "Parties".
<br />RECITALS
<br />A. Licensor is the legal and rightful owner of a certain parcel of real property located
<br />at 114 South Bristol Street, Santa Ana, California, and further identified by the Orange County
<br />Assessor as Pazcel No. 007-211-39 (the "Property"), and in the vicinity of the 76 Station located at
<br />114 South Bristol Street, Santa Ana, California;
<br />B. Licensee, in cooperation with the Santa Ana Regional Water Quality Control Board
<br />(SARWQCB), now desires to enter the Property to conduct various environmental investigation
<br />and/or remediation activities, including, but not limited to installing two (2) remedial wells
<br />approximately at the proposed location labeled as EW-6 and EW-7 on Exhibit "A" attached hereto
<br />and made a part hereof (the "Work"); and conduct certain monitoring well sampling and testing
<br />activities on a quarterly basis. The well sampling and testing will also include the thirteen (13)
<br />existing wells, labeled as B-1, B-2, B-4, B-5, B-6, B-7, B-8, B-9, EW-1, EW-2, EW-3, AS-1/EW-
<br />4, and AS-2/EW-5, that were previously installed on the Property;
<br />C. The Parties desire to enter into this License Agreement so that the soil and/or
<br />groundwater can be assessed pursuant to environmental laws and regulations;
<br />NOW THEREFORE, in consideration of the granting of the foregoing, the mutual promises,
<br />covenants, conditions and agreements hereinafter set forth, and other good and valuable con-
<br />sideration, the receipt and adequacy of which aze acknowledged, the Parties agree as follows:
<br />1. Grant of License -Licensor hereby grants to Licensee, and its employees, representatives
<br />and contractors a revocable, non-exclusive license (the "License") to enter upon the Property from
<br />time to time to conduct the activities described in Recitals Paragraph B and C above. Further,
<br />Licensor shall cause any tenants or lessees of the Property, not a party hereto, to provide
<br />Licensee, including its consultant(s), and/or contractor(s), same License. This License shall
<br />commence on November 26, 2008 (Effective Date), and shall end on November 25, 2013 unless
<br />the Parties agree in writing to extend the term of the License. If Licensee is required by a
<br />government agency to maintain a well or other equipment on the Property beyond the term of this
<br />License, the License shall, on notice of such requirement to Licensor, be extended until thirty (30)
<br />days after such requirement ceases. Prior to the expiration of the License, Licensee shall, at its
<br />sole cost and expense, (a) cause any excavations to be returned to the original gradient, (b)
<br />remove all equipment placed on the Property, (c) fill and level all ditches, ruts and depressions, if
<br />any, caused by the closure of the Licensee's excavation operations on the Property and (d) remove
<br />all debris resulting therefrom.
<br />Page 1 of 4
<br />Form Rev.ll/29/07
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