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HomeMy WebLinkAbout05 APPROVE LICENSE AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICTDocusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item AGENDA REPORT Reviewed: a`LS City Manager Finance Director 9 MARCH 4, 2025 ALDO E. SCHINDLER, CITY MANAGER MICHAEL GRISSO, DIRECTOR OF PUBLIC WORKS APPROVE LICENSE AGREEMENT WITH ORANGE COUNTY FLOOD CONTROL DISTRICT Staff is requesting that the City Council approve a License Agreement with the Orange County Flood Control District for North Tustin Channel Facility/Parcel No. F12-151 related to the Beneta Well No. 2 — Phase II Equipping Project, Capital Improvement Project No. 60151. RECOMMENDATION: It is recommended that the City Council: 1. Approve License Agreement between the Orange County Flood Control District and the City of Tustin for the Beneta Well Project; and 2. Authorize the City Manager or his designee, the Director of Public Works, and City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: The License Fee is a one-time sum of $4,000 for the full ten (10) year term, due in advance. In addition, there is a one-time administrative fee in the amount of $500. Sufficient funds have been appropriated in the Fiscal Year 2024-2025 operating budget. CORRELATION TO THE STRATEGIC PLAN: The project contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the project implements Strategy 1, which among other items is to ensure continuous maintenance and improvement of public facilities. Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 City Council Agenda Report OCFCD License Agreement - Beneta Well Project March 4, 2025 Page 2 BACKGROUND AND DISCUSSION: Construction is nearly complete on the City's Beneta Well No. 2 — Phase II Equipping Project, CIP No. 60151, located at 18001 Beneta Way adjacent to the Orange County Flood Control District's (OCFCD) North Tustin Channel (F12). The project included construction of a pump to waste settling basin with an 18-inch diameter discharge pipe into the OCFCD flood channel. As a condition of the encroachment permit, the City is required to enter into a license agreement with OCFCD for the non-exclusive right to use the subsurface within the license area for construction, operation, and maintenance of the discharge facility. The license area has been designated as Facility/Parcel Number F12-151 and is described on Exhibit A and depicted on Exhibit B attached to the agreement. The license fee is a one-time sum in the amount of four thousand dollars ($4,000.00) for the use of the license area during the license term often (10) years. Upon expiration of the term, a new agreement or extension will be executed. The City Attorney has approved the agreement as to form. v--"N 0 �— -- Michael Grisso Director of Public Works Attachments: 1. License Agreement 2. Location Map Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 ATTACHMENT 1 License Agreement Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 • Project Name: North Tustin Channel Facility/Parcel Number: F12-151 Licensee: City of Tustin LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License") is made and entered into on 12025 ("Effective Date"), by and between City of Tustin, a municipal corporation (hereinafter referred to as "Licensee") and the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter referred to as the "District" or "Licensor"). District and Licensee may sometimes hereinafter be referred to individually as "Party" or jointly as "Parties." 1. DEFINITIONS (SRLic-1.0 S) The following words in this License shall have the significance attached to them in this Clause 1 (DEFINITIONS), unless otherwise apparent from context: "Auditor -Controller" means the Auditor -Controller, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the Board of Supervisors. "Board of Supervisors" means the Board of Supervisors of the Orange County Flood Control District. "CEO/Office of Risk Management" means the Risk Manager, County Executive Office, Risk Management, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the County Executive Officer or the Board of Supervisors. "Channel Facility" means District's flood control facility commonly referred to as the North Tustin Channel (F-12). "Chief Real Estate Officer" means the Chief Real Estate Officer, County Executive Office, Real Estate Section, County of Orange, or upon written notice to Licensee, such other person as shall be designated by the County Executive Officer. "County" means the County of Orange, a political subdivision of the State of California. "County Executive Officer" means the County Executive Officer, County Executive Office, County of Orange, or designee, or upon written notice to Licensee, such other person or entity as shall be designated by the Board of Supervisors. "Director" means Orange County's Director, OC Public Works, or designee. 2. LICENSE AREA (SRLic-1.1 S) District grants to Licensee the non-exclusive right to use the subsurface of that certain property hereinafter referred to as "License Area," described on Exhibit A and depicted on Exhibit B, which exhibits are SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 1 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 attached hereto and by reference made a part hereof. This right also includes reasonable and non-exclusive rights to access the License Area. 3. USE (SRLic-1.2 S) Licensee's use of the License Area shall be limited to the right to install, construct, operate, maintain, repair, replace, inspect, and remove, facilities and equipment consisting of an eighteen -inch (18") diameter reinforced concrete pipe ("Licensee Improvements") used for purposes of discharging approximately 1000 gallons per minute of groundwater into the Channel Facility. Licensee agrees not to use the License Area for any other purpose nor to engage in or permit any other activity within or from the License Area. Licensee further agrees not to conduct or permit to be conducted any public or private nuisance in, on, or from the License Area, not to commit or permit to be committed waste on the License Area, and to comply with all governmental laws and regulations in connection with its use of the License Area. NO ALCOHOL, TOBACCO, OR MARIJUANA PRODUCTS SHALL BE SOLD FROM OR CONSUMED WITHIN THE LICENSE AREA. DRINKING ALCOHOLIC BEVERAGES AND SMOKING OF ANY KIND IS PROHIBITED INSIDE ANY BUILDING WITHIN THE LICENSE AREA. 4. DISTRICT'S USE RESERVATIONS AND RIGHT OF ENTRY (1.3 S) Licensee acknowledges and understands that the License Area lies within an area required for improvements and operation related to a flood control area which are an integral part of a flood control and water conservation system that District operates to fulfill its primary function of protecting life and property. District reserves the right for itself, from time to time, without unreasonable interference, to access, enter and use the License Area. All rights reserved to the District in this License shall be exercised by District at its sole and absolute discretion. Use of the License Area by Licensee shall be at all times subordinate to use by the District for activities related to flood control or water conservation, including potential flooding of License Area. Licensee shall cooperate with District and or any of the person or entity acting for, on behalf of or cooperating with the District, during scheduled operations or unanticipated events that require access to the License Area. District shall make best efforts to plan and notify Licensee in advance of its intent to access the License Area. No action by District in exercise of its flood control and water conservation purposes shall be a basis for claim by Licensee of damage, expense, loss, or liability of any kind or nature. Licensee waives all claims and recourse against District, including the right of contribution for loss or damage of persons or property arising from growing out of or in any way connected with this License, including each and every type of damage caused by flooding, erosion, closures, or otherwise to the License Area that may result from the District `s flood control facilities, work in, on or near the License Area, except claims arising from the concurrent active or sole negligence of the District. 5. PARKING (SRLic-1.4 S) — Intentionally Omitted 6. TERMINATION OF PRIOR AGREEMENTS (SRLic-1.5 S) — Intentionally Omitted 7. TERM (SRLic-1.6 S) This License shall become effective on the first day of the first full calendar month following the Effective Date first written above ("Commencement Date") and shall continue in effect for ten (10) years, ("Term") SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 2 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 unless sooner terminated in accordance with Clause 8 (TERMINATION) of this License. Licensee acknowledges that any extension beyond the Term provided by District will require approval by the Orange County Board of Supervisors acting on behalf of the District. 8. TERMINATION (SRLic-1.7 S) This License shall be revocable by either District or Licensee at any time; however, as a courtesy the terminating Party will attempt to give thirty (30) days written notice to the non -terminating Party prior to the termination date. 9. LICENSE FEE (SRLic-1.8 S) Licensee agrees to pay District, on or before the Commencement Date, a one-time sum of Four Thousand Dollars ($4,000.00) as a fee for the use of the License Area ("License Fee") during the License Term. Said License Fee shall be payable, without deduction or offset, in lawful money of the United States. Should Licensee occupy the License Area prior to the Commencement Date or should the License terminate on some day other than the last day of the Term, the License Fee shall be prorated to reflect Licensee's actual period of occupancy based on a thirty (30) day month. 10. PAYMENT PROCEDURE (SRLic-1.9 S) The License Fee and other payments due under this License shall be delivered to: County of Orange Attn: Treasurer -Tax Collector P.O. Box 4005 Santa Ana, California 92702-4005 The designated place of payment may be changed at any time by the District upon ten (10) days' written notice to Licensee. License Fee payments made by check are to be made payable to "ORANGE COUNTY FLOOD CONTROL DISTRICT" and identified with the facility number in the memo line of the check. Licensee assumes all risk of loss if payments are made by mail. No payment by Licensee or receipt by District of a lesser amount than the payment due shall be deemed to be other than on account of the payment due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as payment be deemed an accord and satisfaction, and District shall accept such check or payment without prejudice to District's right to recover the balance of said payment or pursue any other remedy in this License. Nor shall District's acceptance of a lesser amount due or delay in pursuing full payment act as a legal bar against District's recovery of any amount due under this License. All sums due under this License shall be paid in lawful money of the United States of America, without offset or deduction or prior notice or demand. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 3 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 11. CHARGE FOR LATE PAYMENT (SRLic-2.0 S) Licensee hereby acknowledges that late payment of sums due hereunder will cause District to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative processing of delinquent notices, increased accounting costs, etc. Accordingly, if any payment pursuant to this License is not received by District by the due date, a late charge of 1.5% of the payment due and unpaid plus one hundred dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to District. An additional charge of 1.5% of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. Licensee and District hereby agree that such late charges represent a fair and reasonable estimate of the costs that District will incur by reason of Licensee's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by District shall in no event constitute a waiver of Licensee's default with respect to such overdue payment, nor act as a legal bar or otherwise prevent District from exercising any of the other rights and remedies granted hereunder. 12. LICENSE ADMINISTRATIVE COST (SRLic-2.1 S) In addition to the License Fee specified in Clause 9 (LICENSE FEE) of this License, Licensee shall pay a one-time administrative cost in connection with the negotiation and processing of this License in the amount of five hundred dollars ($500.00) to District prior to, or contemporaneous with, execution of this License by District, as a condition precedent. Said amount shall be deemed earned by District upon District's execution of this License and is not refundable. 13. MAINTENANCE OBLIGATIONS OF LICENSEE - CONDITIONS AND CARE OF LICENSE AREA (SRLic-2.2 S) Licensee shall keep the License Area clean and in good repair during any time which Licensee, its agents, employees, invitees, or permittees use the License Area at its sole cost and expense. Except as otherwise expressly set forth in this License, Licensee shall be responsible for all costs relating to the operation and maintenance of the License Area. 14. LICENSEE UTILITY OBLIGATIONS (SRLic-2.3 S) Licensee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the License Area. 15. CONSTRUCTION AND/OR ALTERATION BY LICENSEE (SRLic-2.4 S) Licensee shall have all construction, including the installation of any systems, facilities or equipment, and/or maintenance plans approved in writing by the Director, through Orange County's Property Permit ("CPP") department with payment of normal processing fees therefor, prior to commencement of any work in, on, over, under, across or about the License Area; and upon completion of any such work, Licensee shall immediately notify Director in writing of such completion. SM 1.22.25 Page 4 of 22 RES License Number 2025-01 OCFCD/City of Tustin Standard Flood Revenue License Form 4933-7331-3552, v. 2 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Director's approval of Licensee's construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. District is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of Licensee's construction and/or maintenance plans. Director will rely on the professional expertise of the Licensee's engineer of record when approving Licensee's construction and/or maintenance plans. Should it be necessary for Licensee to conduct any construction, inspection or maintenance activities requiring the disturbance of the surface of the License Area or requiring the use of any specialized vehicles or equipment, including but not limited to cranes, within, over, under or about the License Area subsequent to the completion of the initial installation of Licensee's Equipment, Licensee agrees to notify Director in writing sixty (60) days in advance of such planned activities, obtain Director's written approval of all plans, and obtain a permit through CPP with payment of normal processing fees therefor, prior to commencement of any such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary in any emergency situation or in conducting routine maintenance activities which do not involve use of District property outside of the License Area. However, Licensee shall notify Director within five (5) days following commencement of any emergency repair work, and if so requested by Director, Licensee shall secure a permit through CPP for the purpose of documenting such emergency work. 16.OWNERSHIP OF IMPROVEMENTS (SRLic-2.5 S) All Licensee Improvements within the License Area must, upon completion, be free and clear all liens, claims, or liability for labor or material and at District's option shall be the property of District's at the termination of this License. District retains the right to require Licensee, at Licensee's cost, to remove all of Licensee's Improvements located on the License Area at the expiration or termination hereof. In the event that Licensee fails to remove said Licensee Improvements within fifteen (15) days following receipt of written notice from District to do so, such Licensee Improvements will be deemed abandoned and Licensee shall lose all right, title and interest in and thereto, and District may elect (i) at Licensee's cost, to remove, demolish, or otherwise dispose of some or all of such items or (ii) sell or make use of any or all such items. 17. MECHANICS LIENS OR STOP -NOTICES (SRLic-2.6 S) Licensee shall at all times indemnify, defend with counsel approved in writing by District and save District harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the License Area, and from the cost of defending against such claims, including attorneys' fees and costs. In the event a lien or stop -notice is imposed upon the License Area as a result of such construction, repair, alteration, or installation, Licensee shall either: A. Record a valid Release of Lien, or B. Procure and record a bond in accordance with sections 8424 or 9364 of the Civil Code, which frees the License Area from the claim of the lien or stop -notice and from any action brought to foreclose the lien. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 5 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Should Licensee fail to accomplish either of the two optional actions above within fifteen (15) days after the filing of such a lien or stop -notice, the License shall be in default and shall be subject to immediate termination. 18.OPERATIONAL REQUIREMENTS OF LICENSEE (SRLic-2.7 S) Licensee shall, to the satisfaction of District, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be Licensee's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. Licensee expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of District and in compliance with all applicable laws. District shall have the right to enter upon and inspect the License Area at any time to verify conformity with any terms and conditions of this License including cleanliness and safety. If Licensee fails to maintain or make repairs or replacements as required herein, District may notify Licensee in writing of said failure. Should Licensee fail to correct the situation within three (3) business days thereafter, District may make or cause to be made the necessary correction, and the cost thereof, including, but not limited to, the cost of labor, materials, equipment, and administration, shall be paid by Licensee within ten (10) days of receipt of a statement of said cost from District. District may, at District's option, choose other remedies available herein, or by law. Upon expiration or termination of the License, the License Area must be returned in substantially the same condition that existed immediately prior to Licensee's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted, unless otherwise specified in writing by District, and the Licensee is solely responsible for any costs or damages. 19. INSURANCE (SRLic-2.8 S) Licensee agrees to carry all required insurance at Licensee's expense and provide to the District current Certificates of Insurance, including all endorsements required herein, necessary to satisfy the District that the insurance provisions of this License have been complied with. Licensee shall keep such insurance coverage current, provide Certificates of Insurance and endorsements to the District during the entire term of this License. Licensee shall deposit the Certificate of Insurance with CEO Real Estate, consistent with the Notice clause, through electronic correspondence on or before the Effective Date of this License and annually throughout the Term, as necessary to: insurance.ceore@ocgov.com. Licensee agrees that Licensee shall not operate on the License Area at any time the required insurance is not in full force and effect as evidenced by a Certificate of Insurance and necessary endorsements or, in the interim, an official binder being in the possession of Director. In no cases shall assurances by Licensee, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Director will only accept valid Certificates of Insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Licensee also agrees that upon cancellation, termination, or expiration of Licensee's insurance, District may take whatever steps are necessary to interrupt any operation from or on the License Area until such time as the Director reinstates the License. If Licensee fails to provide Director with a valid Certificate of Insurance and endorsements, or binder at any time during the term of the License, District and Licensee agree that this shall constitute a material breach of SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 6 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 the License. Whether or not a notice of default has or has not been sent to Licensee, said material breach shall permit District to take whatever steps necessary to interrupt any operation from or on the License Area, and to prevent any persons, including, but not limited to, members of the general public, and Licensee's employees and agents, from entering the License Area until such time as Director is provided with adequate evidence of insurance required herein. Licensee further agrees to hold District harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from the District's action. Licensee may occupy the License Area only upon providing to District the required insurance stated herein and carry such insurance for the entire term of this License. District reserves the right to terminate this License at any time Licensee's insurance is canceled or terminated and not reinstated within ten (10) days of said cancellation or termination. Licensee shall pay District a fee of one thousand dollars ($1,000) for processing the reinstatement of the License. Licensee shall provide to District immediate notice of said insurance cancellation or termination. All contractors performing work on behalf of Licensee pursuant to this License shall obtain insurance subject to the same terms and conditions as set forth herein for Licensee. Licensee shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by the District from the Licensee under this License. It is the obligation of the Licensee to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the License Area. Such proof of insurance must be maintained by Licensee through the entirety of this License and be available for inspection by a District representative at any reasonable time. All self -insured retentions (SIR)'s shall be clearly stated on the Certificate of Insurance. Any SIR in excess of Fifty Thousand Dollars ($50,000.00) shall specifically be approved by the County's Risk Manager, or designee. The District reserves the right to require current audited financial reports from Licensee. If Licensee is self -insured, Licensee will indemnify and defend District for any and all claims resulting or arising from Licensee's use of the premises, services, or other performance in accordance with the indemnity provision stated in this License. If the Licensee fails to maintain insurance acceptable to the District for the full term of this License, the District may terminate this License. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Licensee shall provide the minimum limits and coverage as set forth below: SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 7 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 Coverage Commercial General Liability Automobile Liability including coverage for owned or scheduled, non -owned, and hired vehicles Workers' Compensation Employers' Liability Insurance Commercial Property Insurance on an "All Risk" or "Special Causes of Loss" basis covering all, contents, and any tenant improvements including Business Interruption/Loss of Rents with a 12 month limit. Pollution Liability Minimum Limits $1,000,000 per occurrence $2,000,000 aggregate $1,000,000 combined single limit each accident Statutory $1,000,000 per accident or disease 100% of the Replacement Cost Value and no coinsurance provision $1,000,000 per claims- made, or occurrence Increased insurance limits may be satisfied with Excess/Umbrella policies. Excess/Umbrella policies when required must provide Follow Form coverage. Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the County of Orange, Orange County Flood Control District, its elected and appointed officials, officers, employees, and agents as Additional Insureds. Blanket coverage may also be provided which will state- As Required by Written Contract. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 8 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 2) A primary non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that the Licensee's insurance is primary, and any insurance or self-insurance maintained by the County of Orange and Orange County Flood Control District shall be excess and non-contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, Orange County Flood Control District its elected and appointed officials, officers, employees, and agents. Blanket coverage may also be provided which will state- As Required by Written Contract. The Pollution Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement naming the County of Orange, Orange County Flood Control District, its elected and appointed officials, officers, employees, and agents as Additional Insureds. 2) A primary non-contributing endorsement evidencing that Licensee's insurance is primary, and any insurance or self-insurance maintained by the County of Orange and Orange County Flood Control District shall be excess and non-contributing. Pollution Liability insurance must include coverage for bodily injury and property damage, including coverage for loss of use and/or diminution in property value, and for clean-up costs arising out of, pertaining to, or in any way related to the actual or alleged discharge, dispersal, seepage, migration, release or escape of contaminants or pollutants resulting from any services or work performed by, or behalf of, Licensee, including the transportation of hazardous waste, hazardous materials, or contaminants. If Licensee's Pollution Liability policy is a claims -made policy, Licensee shall agree to the following: 1) The retroactive date must be shown and must be before the date of the contract or the beginning of the License. 2) Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after expiration or earlier termination of License. 3) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the effective date of the License, Licensee must purchase an extended reporting period for a minimum of three (3) years after expiration of earlier termination of the License. All insurance policies required by this license shall waive all rights of subrogation against the County of Orange, Orange County Flood Control District, its elected and appointed officials, officers, employees, and agents when acting within the scope of their appointment or employment. The Commercial Property policy shall contain a Loss Payee endorsement naming the County of Orange and District as respects the County's financial interest when applicable. Licensee shall provide thirty (30) days prior written notice of any policy cancellation or non -renewal and ten (10) days prior written notice where cancellation is due to non-payment of premium and provide a copy of SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 9 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 the cancellation notice to District. Failure to provide written notice of cancellation may constitute a material breach of the License, upon which the District may suspend or terminate this License. The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). Insurance certificates should be forwarded to the District address provided in the Clause (NOTICES) below or to an address provided by Director. Licensee has ten (10) business days to provide adequate evidence of insurance, or this License may be cancelled. District expressly retains the right to require Licensee to increase or decrease insurance of any of the above insurance types throughout the term of this License. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect District. District shall notify Licensee in writing of changes in the insurance requirements. If Licensee does not provide acceptable Certificates of Insurance and endorsements to District incorporating such changes within thirty (30) days of receipt of such notice, this License may be in breach without further notice to Licensee, and District shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Licensee's liability hereunder nor to fulfill the indemnification provisions and requirements of this License, nor in any way to reduce the policy coverage and limits available from the insurer. 20. INDEMNIFICATION (SRLic-2.9 S) Licensee hereby agrees to indemnify, hold harmless, and defend, District, its elected and appointed officials, officers, agents, employees, and those special districts and agencies which the Board of Supervisors acts as the governing board, with counsel approved by District, against any and all claims, loss, demands, damages, costs, expenses, or liability arising out of Licensee's use of the License Area, except for liability arising out of the negligence of District, its elected and appointed officials, officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event District is named as co-defendant, Licensee shall notify District of such fact and shall represent District, with counsel approved by District, in such legal action unless District undertakes to represent itself as co-defendant in such legal action, in which event Licensee shall pay the District's litigation costs, expenses, and attorneys' fees. In the event judgment is entered against District and Licensee because of the concurrent negligence of District and Licensee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment. 21. HAZARDOUS MATERIALS (SRLic-3.0 S) A. Definition of Hazardous Materials. For purposes of this License, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the District acting in its governmental capacity, the State of California, or the United States government. SM 1.22.25 Page 10 of 22 RES License Number 2025-01 OCFCD/City of Tustin Standard Flood Revenue License Form 4933-7331-3552, v. 2 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 B. Use of Hazardous Materials. Licensee or Licensee's employees, agents, independent contractors, or invitees (collectively "Licensee Parties") shall not cause or knowingly permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment, or disposed of on, under, from, or about the License Area (which for purposes of this Clause 21 shall include the subsurface soil and ground water). Notwithstanding the foregoing, Licensee may keep on or about the License Area small quantities of Hazardous Materials which are customarily used in connection with any permitted use of the License Area under this License (which Hazardous Materials shall be used and disposed of in compliance with all applicable Laws). C. Licensee Obligations. If the presence of any Hazardous Materials on, under or about the License Area caused or permitted by Licensee or Licensee Parties results in (i) injury to any person, (ii) injury to or contamination of the License Area (or a portion thereof), or (iii) injury to or contamination of any adjacent real or personal property, Licensee, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the License Area to the condition existing prior to the introduction of such Hazardous Materials to the License Area and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of District under this License, Licensee shall pay the cost of any cleanup or remedial work performed on, under, or about the License Area as required by this License or by applicable laws in connection with the removal, disposal, neutralization, or other treatment of such Hazardous Materials caused or permitted by Licensee or Licensee Parties. Notwithstanding the foregoing, Licensee shall not take any remedial action in response to the presence, discharge, or release, of any Hazardous Materials on, under, or about the License Area caused or permitted by Licensee or Licensee Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of the Chief Real Estate Officer. All work performed or caused to be performed by Licensee as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, and other requirements for such work reasonably approved by District. 22. BEST MANAGEMENT PRACTICES (SRLic-3.1 S) Licensee and all of its agents, employees and contractors shall conduct operations under this License so as to assure that pollutants do not enter municipal storm drain systems which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays, and oceans). The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District and cities within Orange County, as co-permittees (hereinafter collectively referred to as "County Parties") which regulate the discharge of urban runoff from areas within the District of Orange, including the License Areas and Access Area under this License. The County Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices (`BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 11 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 of storm water runoff in a cost effective manner. These BMPs are found within the County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non -storm water discharges and minimize the impact of pollutants on stormwater runoff. BMP Fact Sheets that apply to uses authorized under this License include the BMP Fact Sheets that are attached hereto and by reference made a part hereof as Exhibit C, which exhibit is attached hereto and by reference made a part hereof. These BMP Fact Sheets may be modified during the term of the License; and the Director of Orange County Public Works or Licensor shall provide Licensee with any such modified BMP Fact Sheets. Licensee, agents, contractors, representatives, and employees and all persons authorized by Licensee to conduct activities on the License Area shall, throughout the term of this License, comply with the BMP Fact Sheets as they exist now or are modified, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this License commences or as the Stormwater Permits may be modified. The BMPs applicable to uses authorized under this License must be performed as described within all applicable BMP Fact Sheets. Licensee may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director of Orange County Public Works or Licensor for review and approval prior to implementation. The Director of Orange County Public Works or authorized representative may enter the License Area and Access Area and/or review Licensee's records at any time to assure that activities conducted on the License Area and Access Area comply with the requirements of this Clause 22 (BEST MANAGEMENT PRACTICES). Licensee may be required to implement a self -evaluation program to demonstrate compliance with the requirements of this Clause 22. 23. WATER QUALITY MANAGEMENT PLAN (SRLic-3.2 S) — Intentionally Omitted 24. LIMITATION OF THE LICENSE (SRLic-3.3 S) This License and the rights and privileges granted Licensee in and to the License Area are subject to all covenants, conditions, restrictions, and exceptions of record or apparent from a physical inspection of the License Area. Nothing contained in this License or in any document related hereto shall be construed to imply the conveyance to Licensee of rights in the License Area which exceed those owned by District, or any representation or warranty, either express or implied, relating to the nature or condition of the License Area or District's interest therein. Licensee has accepted the License Area in its "as is"/"where is" condition. 25. UNLAWFUL USE (SRLic-3.4 S) Licensee agrees no improvements shall be erected, placed upon, operated, nor maintained on the License Area, nor any business conducted or carried on therein or therefrom, in violation of the terms of this License, or of any regulation, order of law, statute, bylaw, or ordinance of a governmental agency having jurisdiction. Further, all uses of the License Area by Licensee shall be conducted in accordance with all applicable law, ordinance, or regulation, including but not limited to any "Environmental Laws." `Environmental Laws" means any federal, state, or local statute, ordinance, rule, regulation, order, consent decree, judgment, or common-law doctrine, and provisions and conditions of permits, licenses, and other operating authorizations SM 1.22.25 Page 12 of 22 RES License Number 2025-01 OCFCD/City of Tustin Standard Flood Revenue License Form 4933-7331-3552, v. 2 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals, or other substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges, or releases of chemical substances from industrial or commercial activities, or (D) regulation of the manufacture, use, or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage, and disposal. 26. NO ASSIGNMENT AND NO SUBAGREEMENTS (SRLic-3.6 S) The License granted hereby is personal to Licensee and any assignment of said license by Licensee, voluntarily or by operation of law, shall automatically terminate the License granted hereby. Sublicenses or subleases are not authorized under this License and any attempt by Licensee to create any such sublicense or sublease shall be null and void and shall automatically terminate the License. 27. TAXABLE POSSESSORY INTEREST ASSESSMENTS (SRLic-3.7 S) Should this License create any possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all assessments associated with said taxable possessory interest shall be the full responsibility of the Licensee, and Licensee shall cause said assessments to be paid promptly. 28. LABOR CODE COMPLIANCE (SRLic-3.8 S) Licensee acknowledges and agrees that all improvements or modifications performed by Licensee shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.), as applicable. These provisions may be applicable to improvements or modifications costing more than $1,000, unless an exception applies, including but not limited to the exception to the definition of public works under § 1720.2. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, Licensee shall comply with the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this License for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications. The rates are available at the following website: http://www.dir.ca.gov/dlsr/DPreWageDetennination.htm from the Director of the State Department of Industrial Relations. Licensee shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates at all times for all improvements or modifications to be completed for District within the License Area. Licensee shall comply with the provisions of Sections 1775 and 1813 of the Labor Code. As required by applicable law, Licensee shall maintain certified payroll records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. Upon request Licensee shall provide the District updated certified payroll records for all workers that shall include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If Licensee neglects, fails, or refuses to provide said payroll records to the District, upon request, such occurrence shall constitute an event of default of this License and District may, notwithstanding any other termination provisions contained herein terminate this License upon written notice to Licensee. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 13 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 29. RIGHT TO WORK AND MINIMUM WAGE LAWS (SRLic-3.9 S) In accordance with the United States Immigration Reform and Control Act of 1986, Licensee shall require its employees that directly or indirectly service the License Area or terms and conditions of this License, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. Licensee shall also require and verify that its contractors or any other persons servicing the License Area or terms and conditions of this License, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Division 2, Parts 4 and 7, Licensee shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the License Area, in any manner whatsoever. Licensee shall require and verify that all its contractors or other persons servicing the License Area on behalf of the Licensee also pay their employees no less than the greater of the Federal or California Minimum Wage. Licensee shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the License Area or terms and conditions of this License. Notwithstanding the minimum wage requirements provided for in this Clause 30, Licensee, where applicable, shall comply with the prevailing wage and related requirements pursuant to the provisions of Section 1773 of the Labor Code of the State of California. 30. SIGNS (SRLic-4.0 S) Licensee agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon License Area. Licensee further agrees not to allow billboards or outdoor advertising signs upon the License Area. 31. AUTHORITY (SRLic-4.1 S) The persons executing the License below on behalf of District or Licensee warrant that they have the power and authority to bind District or Licensee to this License. If Licensee is a corporation, each individual executing this License on behalf of said corporation represents and warrants that he/she is duly authorized to execute and deliver this License on behalf of said corporation, in accordance with the by-laws of said corporation, and that this License is binding upon said corporation. 32. LICENSE ORGANIZATION (SRLic-4.2 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 14 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 33. AMENDMENTS (SRLic-4.3 S) This License is the sole and only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties. 34. PARTIAL INVALIDITY (SRLic-4.4 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 35. WAIVER OF RIGHTS (SRLic-4.5 S) The failure of Licensee or District to insist upon strict performance of any of the terms, covenants, or conditions of this License shall not be deemed a waiver of any right or remedy that Licensee or District may have, and shall not be deemed a waiver of the right or act as a legal bar to require strict performance of all the terms, covenants, and conditions of the License thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the License. Any waiver, in order to be effective, must be signed by the Party whose right or remedy is being waived. 36. GOVERNING LAW AND VENUE (SRLic-4.6 S) This agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394. 37. ATTORNEYS' FEES (SRLic-4.7 S) In the event of a dispute between District and Licensee concerning claims arising out of this License, or in any action or proceeding brought to enforce or interpret any provision of this License or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs. 38. TIME OF ESSENCE (SRLic-4.8 S) Time is of the essence of this License Agreement. Failure to comply with any time requirements of this License shall constitute a material breach of this License. 39. INSPECTION (SRLic-4.9 S) District or its authorized representative shall have the right at all reasonable times to inspect the operation to determine if the provisions of this License are being complied with. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 15 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 40. INSPECTION OF LICENSE AREA BY A CERTIFIED ACCESS SPECIALIST (SRLic-5.0 S) — Intentionally Omitted 41. PERMITS AND LICENSES (SRLic-5.1 S) Licensee shall be required to obtain and maintain throughout the Term of this License any and all permits and/or licenses which may be required in connection with the operation of the License Area as set out herein. No permit, approval, or consent given hereunder by District, in its governmental capacity, shall affect or limit Licensee's obligations hereunder, nor shall any approvals or consents given by District, as a Party to this License, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 42. PAYMENT CARD COMPLIANCE (SRLic-5.2 S) — Intentionally Omitted 43. NONDISCRIMINATION (SRLic-5.3 S) Licensee agrees not to discriminate against any person or class of persons by reason of sex, age, race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this License. Licensee shall make its accommodations and services available to the public on fair and reasonable terms. 44. CONDITION OF LICENSE AREA UPON TERMINATION (SRLic-5.4 S) Except as otherwise agreed to herein or in subsequent approval in writing by District, upon termination of this License, Licensee shall redeliver possession of said License Area to District in substantially the same condition that existed immediately prior to Licensee's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted. 45. DISPOSITION OF ABANDONED PERSONAL PROPERTY (SRLic-5.5 S) If Licensee abandons the License Area or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to Licensee and left on the License Area ten (10) days after such event shall be deemed, at District's option, to have been transferred to District. District shall have the right to remove and to dispose of such personal property without liability therefor to Licensee or to any person claiming under Licensee and shall have no need to account therefor. 46. PUBLIC RECORDS (SRLic-5.6 S) Any and all written information submitted to and/or obtained by District from Licensee or any other person or entity having to do with or related to this License and/or the License Area, either pursuant to this License or otherwise, at the option of District, may be treated as a public record open to inspection by the public pursuant to the California Public Records Act (Government Code Section 7920.000, et seq.) as now in force or hereafter amended, or any Act in substitution thereof, or otherwise made available to the public and Licensee hereby waives, for itself, its agents, employees, sublicensees, and any person claiming by, through or under Licensee, any right or claim that any such information is not a public record or that the same is a trade secret or confidential information and hereby agrees to indemnify and hold District harmless from any and all claims, demands, liabilities, and/or obligations arising out of or resulting from a claim by Licensee or SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 16 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 any third party that such information is a trade secret, or confidential, or not subject to inspection by the public, including without limitation reasonable attorneys' fees and costs. 47. RELATIONSHIP OF PARTIES (SRLic-5.7 S) The relationship of the Parties hereto is that of Licensor and Licensee, and it is expressly understood and agreed that District does not in any way or for any purpose become a partner of or a joint venture with Licensee in the conduct of Licensee's business or otherwise, and any provisions of this License and the agreements relating to money payable hereunder are included solely for the purpose of providing a method by which such payments are to be measured and ascertained. 48. RELOCATION OF LICENSEE IMPROVEMENTS (SRLic-5.8 S) Licensee agrees that in the event Director determines that Licensee Improvements will interfere with the operation, maintenance, replacement, or improvement of Districts Channel flood control facilities or property Licensee shall, within ninety (90) days of receipt of written notice from Director, and at Licensee's sole cost and expense arrange for the removal of Licensee Improvements from the License Area and any reinstallation of Licensee Improvements within the License Area. Under no circumstance shall District be obligated to provide a relocation site for Licensee Improvements and/or equipment during such period of interference. 49. UNAUTHORIZED USE AND DAMAGE FEE (SRLic-5.9 S) If Licensee continues to use or store personal property in the License Area after the termination of this License or expiration of the Term, without a written agreement between the Parties authorizing such continued use or storage, such use and/or storage shall be an unauthorized use and trespass of the License Area. Licensee agrees the damages owed for such unauthorized use and/or trespass by Licensee shall be two hundred percent (200%) of the monthly License Fee in effect at the expiration or termination of this License ("Damage Fee"). The Parties agree that this amount is a reasonable and fair assessment of the District's damages in such a situation. The Damage Fee will be prorated to date of Licensee's last trespass or the date Licensee's property is removed from the License Area, whether removal is performed by Licensee or District pursuant to Clause 46 (DISPOSITION OF ABANDONED PERSONAL PROPERTY), whichever occurs last, and is payable within fifteen (15) days after demand from District. This Damage Fee shall not address any additional costs or damages incurred by the District if it is compelled to return the License Area to its original condition, which may include the costs of removing property Licensee left in the License Area. These costs shall be borne by the Licensee independent of the Damage Fee and shall be paid to District no later than fifteen (15) days after demand from District. Nothing contained herein shall grant Licensee any right to remain within the License Area after the License has expired or terminated. The District shall be entitled to enforce this Damage Fee language after termination or expiration of this License; this Clause 50 shall survive the termination or expiration of this License. This Clause is not exclusive of District's rights and remedies if an unauthorized use or trespass occurs, and District reserves all rights and remedies against Licensee according to law. SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 17 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 50. NOTICES (SRLic-6.0 S) All written notices pursuant to this License shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail. To: District Orange County Flood Control District c/o: CEO Real Estate Services P.O. Box 4048 Santa Ana, CA 92702-4048 RE: To: Licensee City of Tustin Attn: City Manager 300 Centennial Way Tustin, CA 92780 Any and all insurance related mail shall include the License number and project name and Licensee shall mail all insurance certificates and insurance -related correspondence to: insurance.ceore@ocgov.com. 51. COUNTERPARTS (SRLic-6.1 S) This License may be executed in one or more electronic or original counterparts, each of which will be deemed an original signature but all of which together will constitute one and the same instrument. 52. RECORDING PROHIBITED This License may not be recorded. 53. ATTACHMENTS TO LICENSE (SRLic-6.2 S) This License includes the following, which are attached hereto and made a part hereof: I. EXHIBITS Exhibit A — License Area Legal Description Exhibit B — License Area Aerial Depiction Exhibit C — Best Management Practices SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 18 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written. Approved as to Form: DISTRICT Office of the County Counsel ORANGE COUNTY FLOOD CONTROL Orange County, California DISTRICT, a body corporate and politic Deputy Date: Approved as to form: City Attorney David E. Kendig Thomas A. Miller Chief Real Estate Officer Pursuant to Minute Order 2/25/2014 LICENSEE CITY OF TUSTIN, a municipal corporation Michael Grisso Director of Public Works SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 19 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 EXHIBIT A LICENSE AREA LEGAL DESCRIPTION SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 20 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 EXHIBIT A LEGAL DESCRIPTION North Tustin Channel Facility No.: F 12 Parcel No.: IS That certain portion of land, in the City of Tustin, County of Orange, State of California, over land described in the deeds to the ORANGE COUNTY FLOOD CONTROL DISTRICT recorded January 25, 1962 in Book 5988, Page 127, September 19, 1962 in Book 6253, Page 951 and August 12, 1970 in Book 9373, Page 790 all of Official Records in the office of the County Recorder of said Orange County, being a strip of land, 20.00 feet wide, the centerline of which is described as follows: COMMENCING at the northwesterly corner of Parcel 2, per map filed in Book 95, Page 32 of Parcel Maps in the office of the County Recorder of said county; thence along the northerly boundary of said Parcel, North 89°47'54" East, 27.75 feet to the TRUE POINT OF BEGINNING; thence leaving said boundary and along a line that is parallel with the westerly boundary of said Parcel 2, North 00°15'38" West, 100.00 feet. Containing 2,000 Square Feet, more or less. See EXHIBIT B attached and by reference made a part. APPROVED Kevin Hills, County Surveyor, L.S. 6617 Date: 6/8/2022 By: Ray and J. Rivera, L.S. 8324 Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 EXHIBIT B LICENSE AREA AERIAL DEPICTION SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 21 of 22 RES License Number 2025-01 Standard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 SKETCH TO ACOMPANY LEGAL DESCRIP71ON IN THE CITY OF 7US77N, COUNTY OF ORANGE, STA E OF CALIFORNIA TRACT I A]0 74200 APN: 401-241-24 I APN: 401-241-23 nn nn n i 5,)n A in J, 1" �', J, I\IJ,r-? Irl LO 5988-127 O.R. _0 Ill\J _CrL=l1\JJ\1f / , PJ2) 10.00' — 10.00' io 0 0 F12-151 ( o DRAINPIPE ' O.C.F.C.D. PER i co 6253-951 O.R. APN: 401-242-04 ILO P.O.C. I Z N89°4754"E 651.00' r, N89°4754"E 100.00' P.M. 00 ` 2 9373-790 O.R. � � 27. 75' , T. P.O.B. DA APN: 401-242-06 pzAIRCEL 2 "' APN: 401-242-05 0 Z BENErA WAY o o � � c) O z � Q C1 OC PUBLIC WORKS ROW ID NO.2022-008 EXHIBIT B OC SURVEY RIGHT-OF-WAY SERVICES SCALE: 1" = 40' PARCEL: F12-151 PROJECT: NORTH TUSTIN CHANNEL (F12) - BENETA WELL PIPELINE PREPAREDBY J.V. Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 EXHIBIT C BEST MANAGEMENT PRACTICES ("BMP" FACT SHEETS) Licensee shall be responsible f'or implementing and complying with all BMP Fact Sheet requirements that apply to this Licensee's operations. Licensee is to be aware that the BMP clause within this License, along with all related BMP Exhibits, may be revised, and may incorporate more than what is initially being presented in this License. Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can be found at: http://oewatersheds.com/documents/bmp (website may change from time to time): • FF-8 Minor Construction • WM-1 Material Delivery and Storage • WM-2 Material Use • WM-3 Stockpile Management • WM-4 Spill Prevention and Control • WM-5 Solid Waste Management • WM-6 Hazardous Waste Management • WM-7 Contaminated Soil Managment • IC-5 Concrete & Asphalt Production, Application, & Cutting • IC-6 Contaminated or Erodible Surface Areas • IC-7 Landscape Maintenance • IC-10 Outdoor Loading/Unloading of Materials • IC-15 Parking & Storage Area Maintenance • IC-17 Spill Prevention & Cleanup • IC-21 Waste Handling & Disposal • IC-24 Wastewater Disposal -Guidelines SM 1.22.25 OCFCD/City of Tustin 4933-7331-3552, v. 2 Page 22 of 22 RES License Number 2025-01 Staniard Flood Revenue License Form Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 ATTACHMENT 2 Location Map Docusign Envelope ID: 2619F8D5-EE21-4A8C-8DD7-D812FC80B859 CITY OF TUSTIN PROJECT NAME: BENETA WELL NO. 2 - PHASE 11 EQUIPPING PROJECT (CIP NO. 60151)