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,: aU ;A~~ ~E NOT ON FILE
<br />~r~ .a hRAY NOT PROCEED
<br />CLERK OF COUNCIL
<br />DATE: 11-a~-n~'
<br />LICENSE AGREEMENT
<br />N-2008-152
<br />RM&R Site No. 1660
<br />Acquisition No. 7470
<br />O ' PwA(1_)
<br />Jason Guh.,~-~ THIS 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 riglrtful owner of a certain parcel of real property located
<br />at 124 South Bristol Street, Santa Ana, California, and further identified by the Orange County
<br />Assessor as Parcel No. 007-211-57 (the "Property"), and in the vicinity of the former 76 Station,
<br />No. 7470, which was located at 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 continued monitoring of two (2)
<br />previously installed groundwater monitoring wells at the proposed locations labeled as MW-IS
<br />and MW-16 on Exhibit "A" attached hereto and made a part hereof, with monitoring well
<br />sampling and testing activities to occur on a quarterly basis (the "Work");
<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 are 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 Licensee,
<br />including its consultant(s), and/or contractor(s), same License. This License shall commence on
<br />November 26, 2008 (Effective Date), and shall end on November 25, 2013, unless the Parties
<br />agree in writing to extend the term of the License. If Licensee is required by a government agency
<br />to maintain a well or other equipment on the Property beyond the term of this License, the License
<br />shall, on notice of such requirement to Licensor, be extended until thirty (30) days after such
<br />requirement ceases. Prior to the expiration of the License, Licensee shall, at its sole cost and
<br />expense, (a) cause any excavations to be returned to the original gradient, (b) remove all
<br />equipment placed on the Property, (c) fill and level all ditches, ruts and depressions, if any, caused
<br />by the closure of the Licensee's excavation operations on the Property and (d) remove all debris
<br />resulting therefrom.
<br />2. Compliance with Laws -Licensee shall conduct all operations which are the subject of
<br />this License in compliance with all federal, state, and municipal statutes and ordinances, and with
<br />all regulations, orders, and directives of appropriate governmental agencies, as such statutes,
<br />ordinances, regulations, orders and directives now exist or provide.
<br />Page / of 4
<br />Farm Rev. Il/29/07
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