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CITY <br /> LICENSE TO USE CITY PROPERTY <br /> Grantor: City of Everett <br /> Grantee: Portable Hydraulic Dredging LLC <br /> Property: See attached Exhibit A <br /> Portable Hydraulic Dredging LLC, whose address is: 2851 Pribilof St. Anchorage, AK 99517, <br /> hereinafter referred to as "PHDLLC", desires to utilize City owned property for the purpose <br /> hereinafter set forth; and <br /> The City is willing to grant PHDLLC authority to use a portion of City's property upon certain <br /> terms and conditions; <br /> NOW, THEREFORE, in consideration of the premises, the promises contained herein, and other <br /> good and valuable consideration, the receipt and sufficiency of which is hereby expressly <br /> acknowledged, the City licenses PHDLLC to use City's property upon the following terms and <br /> conditions: <br /> 1. LICENSED PROPERTY. The specific approximately half-acre of area of City owned property <br /> subject to this License is described in Exhibit A("Property"). <br /> 2. TERM. This License shall be effective beginning September 29, 2019, and shall expire on <br /> March 1, 2020, unless terminated earlier upon 30-days notice per Section 7 below. <br /> 3. AUTHORIZED USE. PHDLLC may only use the Property for the purpose of construction <br /> staging and operations associated with the deposit of dredge spoils onto the city property <br /> commonly referred to as "Parcel 0". <br /> 4. MONTHLY CONSIDERATION. PHDLLC shall pay Five Hundred Fifty Dollars ($550.00) per <br /> half-acre, due each month on or before the 15t day of each month during the term of this <br /> License plus Lease Hold Tax at a rate of 12.84%, if applicable. <br /> 5. INDEMNIFICATION. PHDLLC hereby agrees to defend, indemnify and hold the City harmless <br /> from any and Claims for injury to people or damage to property arising out of or related to this <br /> License. "City" means the City, its officers, employees and agents. "Claims" means any loss, <br /> injury, demand, settlement and lawsuit, and further includes any and all reasonable litigation <br /> costs such as attorney's fees, expert fees and costs, and court costs. "Injury to people" <br /> includes, but is not limited to, bodily injury and death. "Damage to property" includes, but is <br /> not limited to damage or injury to the property, any City facilities and any property owned by <br /> page 1 <br />