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LICENSE TO USE CITY PROPERTY <br /> Grantor: City of Everett <br /> Grantee: RCA Telecom LLC <br /> Property: A portion of property located at 3702 Tulalip, Everett,WA 98201 as shown on <br /> Exhibit A <br /> RCA Telecom LLC whose address is: 233 S. Wacker Drive #4300, Chicago, IL 60606, hereinafter <br /> referred to as "RCA" desires to utilize City owned property for the purpose hereinafter set forth; <br /> and <br /> The City is willing to grant RCA authority to use a portion of City's property upon certain terms <br /> and conditions; <br /> NOW, THEREFORE, in consideration of mutual benefits and other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the City <br /> licenses RCA to use City's property upon the following terms and conditions: <br /> 1. LICENSED PROPERTY. The specific approximately half-acre of area of City owned <br /> property subject to this License is described in Exhibit A ("Property"). <br /> 2. TERM. This License shall be effective beginning October 22, 2020, and shall expire at <br /> midnight on December 23, 2020, unless terminated earlier upon 30-days notice per Section 7 <br /> below. <br /> 3. AUTHORIZED USE. RCA may only use the Property for the purpose of construction <br /> staging, equipment assembly, temporary apparatus and operations associated with the uses <br /> under the communications antenna site lease executed August 28, 2020 ("Project"). <br /> 4. CONDITIONS TO USE AND ACKNOWLEDGEMENTS. RCA shall coordinate with City staff <br /> to coordinate placement of RCA's lock for the mechanism that secures the gate to the site, as <br /> shown on Exhibit A. Gate must be secured at the end of each work day. Gate may remain open <br /> while work crews are on site. However, RCA acknowledges that Gate may be closed at any time <br /> for security purposes and RCA should be prepared to unlock Gate each time the site is accessed. <br /> RCA agrees that any trash stored on site shall be secured and that any stored trash will not <br /> attract vectors (rats and birds). <br /> 5. INDEMNIFICATION. RCA 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" includes, <br /> page 1 <br />