CORRESPONDENCE_1995 - 2007 - Laserfiche WebLink

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[DO NOT RECORD) LICENSE AGREEMENT This Agreement is dated as of March, 1995, and is entered into by and between SKS ENTERPRISE, INC. , a California corporation ( "Licensor" ) and KRC AGGREGATE, INC. , a California corporation ("Licensee" ) with respect to the following recitals of fact : A. Licensee is the owner of that certain parcel of land in San Joaquin County, California, which is depicted in Exhibit "All hereto as Parcel "ONE" , containing approximately 89 . 94 acres in size ( "Licensee' s Parcel" ) . Licensor is the owner of the real property in the same county which lies to the southerly side of Licensee' s parcel ( "Licensor' s Parcel" ) , a 27-acre portion of which is depicted in Exhibit "All hereto with the heading "PARCEL KRC WILL BE USING" (the "License Area" ) . The approximate boundary of the License Area is described on Exhibit "B" . B. The gravel. and rock business operated on Licensee' s Parcel involves the use of water which Licensee normally keeps in one or more settling ponds on Licensee' s Parcel . Currently, there is an excess of recycled plant wash water and storm water runoff from Licensee' s aggregate processing plant, and a shortage of storage space in the existing ponds on Licensee' s Parcel, which are overflowing. Licensee is working on providing additional capacity on Licensee' s Parcel. , whether through adding pond areas or shoring up ,or enlarging the existing ponds, but Licensee has a need for storage space for the excess plant wash water and storm water runoff (collectively, the "Excess Water" ) . C. Licensee has requested that Licensor grant to Licensee a temporary, non-exclusive license to store its Excess Water in the License Area, and Licensor is willing to do so, on the terms and conditions which are set out on this Agreement . NOW, THEREFORE, Licensor and Licensee hereby agree as follows : 1 . Creation of License . Licensor hereby grants, and Licensee hereby accepts, a non-exclusive license (the "License") for Licensee to store its Excess Water in the License Area, subject to all of the terms and conditions set out in this Agreement . 2 . License Fee and Security Deposit . In exchange for the License, Licensee shall. pay Licensor a license fee, in the amount of $ 1,.C) per year, in advance, due on the date of this Agreement and each year thereafter. In addition, Licensor agrees to pay Licensee concuTrently herewith a security deposit in the amount of $ -o secure Licensee' s faithful performance of its obligations i!nler ,this License . If a default by Licensee under this License occurs, then Licensor may, at its option and without prejudice to any other remedy which Licensor may have, appropriate and apply all or any portion of the security deposit toward the payment of sums due Licensor or the loss or damage sustained by Licensor due to such default by, Licensee . Licensee shall upon