25C - AGMT - OCWD CENTENNIAL PARK

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LICENSE AGREEMENT This License Agreement ( "License ") is made and entered into this L) day of [month] 2016 by and between the CITY OF SANTA ANA , hereinafter referred to as the "City ", and ORANGE COUNTY WATER DISTRICT, a political subdivision of the State of California, the Licensee, hereinafter referred to as the "District" or "Licensee ", WHEREAS, the construction and operation of four injection wells, well vaults, water supply pipeline, backflush pipeline, two (2) Shared Recreation / Communication Structures, skate park fence and security camera, two (2) air -gap structures, all related appurtenances, and asphalt paving improvements for certain parking lots and roadways ( "Project ") at Centerxnial Park will serve the interests of both the City and District; and WHEREAS, the City owns the property where the Project would be constructed and operated subject to the terms and conditions specified in the public benefit conveyance deeds from the United States of America (attached as Exhibit 1); and WHEREAS, City and District entered into a Memorandum of Understanding on September 2, 2014 as a basis for establishing permanent and temporary casement on the property for the Project and subsequently agreed that a license was the appropriate instrument for such purposes. NOW, THEREFORE, the parties hereto establish the fallowing: PART ISSUANCE OT LICENSE 1.1 License. The City hereby issues to the District a License to enter upon the following real .property owned by the City for the purpose or activity specified in Section 1.1.2: 1.1.1 Licensed Proparty, Centennial Park, 3000 West Edinger Avenue Santa Ana California 92704 as shown in Exhibit 2, attached hereto and incorporated herein by this reference ( "Premises "). 1.1.2 Use of Premises, For and dining the term of this License, and any extension, or renewal thereof, the District shall use the Premises solely and exclusively for the following purpow(s) or activities: 112.1 Construction, Oueratian, and Maintenance of Proieot. Exhibit 2 depicts the approximate proposed location of the Project to be included in the Premises. The actual configuration and size of the area covered by the License will be based upon the actual location of the well sites and the alignments of the water supply and discharge pipelines. The pipeline license aligmnent shall be 10 feet wide and centered upon the respective constructed pipeline center. The well site shall include the area occupied by the constructed well facilities plus a 5 foot buffer around their perimeters, This License includes the right for the District to occupy the Premises and for access to and from the Premises for construction, Exhibit A i 3 iiozzs99 -ooi e 9316498.1 u04i26116 25C -5