Common use of Best Management Practices Clause in Contracts

Best Management Practices. CITY and all CITY Parties shall conduct operations under this Agreement 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 Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits (“Stormwater Permits”) to the County of Orange, and to the 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 County of Orange, including the Subject Area. 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 abide. 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 of stormwater 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- stormwater discharges and minimize the impact of pollutants on stormwater runoff. CITY and all CITY Parties shall, throughout the term of this Agreement, 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 Agreement commences or as the Stormwater Permits may be modified. CITY agrees to maintain current copies of the BMP Fact Sheets in a location readily accessible to any or all CITY Parties throughout the term of this Agreement. CITY 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 for review and approval prior to implementation. Director may access the Subject Area and/or review CITY’s records at any time to assure that activities conducted within the Subject Area comply with the requirements of this section. CITY may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Best Management Practices. CITY (AMLC 15.1 S) 27 LICENSEE and all CITY Parties of LICENSEE's, agents, employees and contractors shall conduct operations under this Agreement License so as to assure that pollutants do not enter municipal storm drain systems which systems are 29 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 31 herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant 35 Discharge Elimination System (“NPDES”) permits (“Stormwater Permits”) to the County of Orange, and to the DISTRICT Orange County Flood Control District (“DISTRICT”) and cities within Orange County, as co-co- 37 permittees (hereinafter collectively referred to as “County Parties”) which regulate the discharge of urban runoff from areas within the County of Orange, including the Subject License Area. The County Parties have 39 enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 41 To assure compliance with the Stormwater Permits and water quality ordinances, the County Parties have 43 developed a Drainage Area Management Plan (“DAMP”) which includes a Local Implementation Plan (“LIP”) for each jurisdiction that contains Best Management Practices (“BMPsBMP(s)”) that parties using 45 properties within Orange County must abideadhere 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 47 of stormwater runoff in a cost effective manner. These BMPs are found within the CountyCOUNTY’s LIP in the 49 ES: 4/28/2014 9:19:20 AM Sibling Residential Homes 1 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”) 3 and contain pollution prevention and source control techniques to eliminate non- non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. CITY and all CITY Parties shall, throughout the term of this Agreement, 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 Sheets that apply to uses authorized under this Agreement commences or as the Stormwater Permits may be modified. CITY agrees to maintain current copies of License include the BMP Fact Sheets in a location readily accessible to any or all CITY Parties throughout that are 7 attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of this Agreement. CITY may propose alternative BMPs that meet or exceed the pollution prevention performance of the License; and COUNTY’s Facilities Services Manager shall provide LICENSEE with any such modified BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Director for review and approval prior to implementation. Director may access the Subject Area and/or review CITY’s records at any time to assure that activities conducted within the Subject Area comply with the requirements of this section. CITY may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this section.

Best Management Practices. CITY (SRLic-2.7 S) LICENSEE and all CITY Parties of its agents, employees and contractors shall conduct operations under this Agreement 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 Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits (“Stormwater Permits”) to the County of Orange, and to the DISTRICT Orange County Flood Control District and cities within Orange County, as co-co- permittees (hereinafter collectively referred to as “County DISTRICT Parties”) which regulate the discharge of urban runoff from areas within the County of Orange, including the Subject AreaLicense Areas and under this License. The County DISTRICT 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 DISTRICT 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 abideadhere 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 of stormwater storm water runoff in a cost effective manner. These BMPs are found within the CountyDISTRICT’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- stormwater non-storm water discharges and minimize the impact of pollutants on stormwater runoff. CITY LICENSEE shall review and assure that all CITY Parties shall, throughout contractors working on License Area review the term of this Agreement, comply with applicable Model Maintenance Procedures contained in the DAMP/LIP and BMP Fact Sheets, as they exist now or are modified, and . Activities performed on the License Area under this License shall comply with all other conform to the requirements of the Stormwater Permits, the DAMP/LIP, BMP Fact Sheets and the Model Maintenance Procedures, as they exist at the time this Agreement License commences or and as the Stormwater Permits each may be modified. CITY agrees to maintain current copies of the BMP Fact Sheets in a location readily accessible to any or all CITY Parties modified throughout the term of this AgreementLicense. CITY The BMP’s applicable to uses authorized under this License must be performed as described within all applicable Model Maintenance Procedures and/or BMP Fact Sheets. LICENSEE shall fully understand the Model Maintenance Procedures and any related BMP Fact Sheets applicable to operations conducted on the License Area prior to conducting them. LICENSEE and/or its contractors 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 OC Public Works for review and approval prior to implementation. ESB 08/15/2018 CL10.11.2018 Page 7 of 15 Brea Creek Channel License Agreement Project Number: A02-303.11, 401.8, 402.4, 403, 501.1 & 501.2 The Director or authorized representative may access enter the Subject License Area and/or review CITYLICENSEE’s records at any time to assure that activities conducted within on the Subject License Area comply with the requirements of this sectionClause (BEST MANAGEMENT PRACTICES). CITY LICENSEE may be required to implement a self-evaluation program to demonstrate compliance with the requirements of this sectionClause (BEST MANAGEMENT PRACTICES).

Best Management Practices. CITY (SRLic-3.1 S) Sublessee and all CITY Parties of its agents, employees and contractors shall conduct operations under this Agreement Sublease 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 bays, and oceans). The Santa Xxx and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System (NPDES) permits (“Stormwater Permits”) to the County of Orange, and to the DISTRICT 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 County of Orange, including the Subject AreaSublease Areas and Access Area under this Sublease. 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 abideadhere 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 of stormwater 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- stormwater non-storm water discharges and minimize the impact of pollutants on stormwater runoff. CITY BMP Fact Sheets that apply to uses authorized under this Sublease include the BMP Fact Sheets that are attached hereto and by reference made a part hereof as Exhibit E, which exhibit is attached hereto and by reference made a part hereof. These BMP Fact Sheets may be modified during the term of the Sublease; and the Director of Orange County Public Works or Sublessor shall provide Sublessee with any such modified BMP Fact Sheets. Sublessee, agents, contractors, representatives, and employees and all CITY Parties persons authorized by Sublessee to conduct activities on the Sublease Area shall, throughout the term of this AgreementSublease, comply with the BMP Fact Sheets, 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 Agreement Sublease commences or as the Stormwater Permits may be modified. CITY agrees The BMPs applicable to maintain current copies of the uses authorized under this Sublease must be performed as described within all applicable BMP Fact Sheets in a location readily accessible to any or all CITY Parties throughout the term of this AgreementSheets. CITY Sublessee 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 Sublessor for review and approval prior to implementation. Director The Chief Real Estate Officer or authorized representative may access enter the Subject Sublease Area and Access Area and/or review CITYSublessee’s records at any time to assure that activities conducted within on the Subject Sublease Area and Access Area comply with the requirements of this section. CITY Clause 22.Sublessee may be required to implement a self-self- evaluation program to demonstrate compliance with the requirements of this sectionClause 22.