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Contract - Goodwill - 2006-03-13 LICENSE AGREEMENT FOR TEMPORARY USE OF COSTA MESA SANITARY DISTRICT PARKING LOT This LICENSE agreement is made and entered into by and between the COSTA MESA SANITARY DISTRICT a district formed pursuant to the Sanitary District Act of 1923 (hereinafter referred to as `DISTRICT' ), and GOODWILL INDUSTRIES OF ORANGE COUNTY (hereinafter referred to as `LICENSEE"). RECITALS WHEREAS, LICENSEE has requested to use the DISTRICT parking lot for the purpose of temporarily storing a rolloff trash bin to enable its contractor to make roof improvements on the LICENSEE S facility at 620 West 19th Street, Costa Mesa, California 92627 and WHEREAS, the Manager/District Engineer has determined that it is in the best interests of the DISTRICT to authorize the LICENSE for the construction of roof improvements to LICENSEE'S roof so that damage to DISTRICT'S property may be minimized and LICENSEE has represented that it has awarded the roof improvement performance contract to Lavey Roofing, who is competent to perform such work with due regard for DISTRICT'S property NOW THEREFORE the parties hereto agree as follows. I Scope of the LICENSE. DISTRICT hereby allows LICENSEE to temporarily park a trash roll-off container at no cost to the DISTRICT in the DISTRICT parking lot in the southeast corner of said parking lot on plywood sheeting, so as not to damage the parking lot, fence or any other improvements or landscaping owned by DISTRICT LICENSEE agrees to provide a release of liability document from Lavey Roofing in favor of DISTRICT LICENSEE agrees to ensure the area is clean of all debris and vacated in the same condition as initially found and the DISTRICT parking lot, enclosures, building and property in general remains undamaged. Contractor agrees to restore any damaged property to original or better condition upon job completion. LICENSEE shall hose down DISTRICT'S parking lot after the roll-off and debris have been removed. 2. Term of LICENSE. All work shall be performed beginning March 17 2006 and completed by March 19 2006, including removal of the trash roll-off container This LICENSE shall be granted for March 17 19 2006. 3 Permits and Care of the Work. LICENSEE, at LICENSEE S expense, shall obtain any permits and permission necessary for any roof improvements and all related work. LICENSEE shall be responsible for the proper care and protection of all materials delivered and the work performed until completion and final observation and acceptance. 4 Indemnification. LICENSEE agrees to indemnify defend and hold DISTRICT harmless from any and all liability arising from LICENSEE'S use of the LICENSE, including injury or damage to persons or property unpaid laborers and materialmen, injury to invitees, trespassers and business invitees, and for any and all liability that relates in any way to DISTRICT'S grant of this LICENSE to the fullest extent allowed under the law 5 Notices. Notices must be addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To DISTRICT Costa Mesa Sanitary District 628 West 19th Street Costa Mesa, California 92627 To LICENSEE Goodwill Industries of Orange County 410 North Fairview Santa Ana, California 92703 2 6. Safety and Site Condition. LICENSEE shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be LICENSEE'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be LICENSEE'S duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by LICENSEE so that no fire hazards are created. 7 Authority. LICENSEE represents and warrants that he/she has the authority to sign this release on behalf of Goodwill Industries of Orange County APPROVED AS TO CONTENT Goodwill Industries of Orange County Date: //1417eC /3 2406 By /7c4'EL ri Its irnv'riCeeS le Costa Mesa Sanitary District Date. 3 - /ti ' BY '/v( rt — President fil, By Secretary 3