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CuARVENT <br />INSURANCE NOT ON FILE <br />WORK MAY ROT PROCEED <br />CLERK OF COUNCIL <br />l DATE: <br />N-2022-084 <br />�. PWA C-2) LICENSE AGREEMENT WITH STEPHEN nORECK EQUIPMENT RENTALS INC <br />This LICENSE AGREEMENT ("Agreement") is dated as of March 24, 2022, and entered into by <br />and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the <br />o Constitution and laws of the State of California ("City"), and Stephen Doreck Equipment Rentals, Inc. <br />r� ("Licensee"). <br />RECITALS <br />A. The City is the owner of that certain real property located in the City of Santa Ana, County <br />of Orange, California, more specifically identified as 828 N, Bristol Street (APN 004-123-56) as depicted <br />in Exbibit A ("License Area"). <br />B. Licensee -desires to use the License Area for purposes of storing.vehicles;-materials, and <br />other construction equipment and stockpile during the License period ("Permitted Uses"). <br />C. The City has agreed to grant Licensee a license to use the License Area, on the terms and <br />conditions set forth in this Agreement. <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter <br />and use the License Area beginning on March 29, 2022, for the Permitted Uses described in Recital B, upon <br />the terms and conditions set forth herein ("License), subject to Licensee's performance of all of its <br />obligations under this Agreement. This License shall remain in effect until July29, 2022, unless extended <br />in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may <br />be terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be <br />construed only as a revocable license to use the License Area and not as a lease or grant of any possessory <br />or other interest. <br />2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, <br />restore the License Area to its original condition in which it existed immediately prior to the Agreement, <br />leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and <br />debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be <br />cleaned, with such work to be completed no later than the times specified in the License as stated in <br />paragraph l above, and the License shall be extended to such time for the limited purpose of allowing the <br />cleaning work to be completed. <br />3. Compliance with Laws. Licensee shall cause all activities of Licensee under this <br />Agreement and all activities on the License Area to be performed in compliance with all applicable federal, <br />state, and local laws, ordinances, and regulations, and permits. <br />4. Licensee shall include, implement, and maintain but not be limited to the following Best <br />Management Practices (BMPs) at the License Area: <br />a) Waste management and Materials Pollution Control BMPs shall be implemented to prevent the <br />contamination of stormwater by construction wastes and materials. <br />b) Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and <br />maintained. <br />Page 1 of 4 <br />