Northwest Construction 1/18/2022

I TEMPORARY CONSTRUCTION LICENSE AGREEMENT THIS TEMPORARY CONSTRUCTION LICENSE AGREEMENT "A greement")A reement" (thisg )is made and entered into as of , 20_, by and between Port of Everett, a Washington ' port district (the "Port"), and City of Everett, a Washington municipal corporation (the "City"). The Port and the City are referred to herein individually as a "Party" and collectively as the "Parties." RECITALS A. The Port owns certain real property, which is located in the City of Everett, Snohomish County,Washington,as legally described on attached Exhibit A(the"Port Property"). ' B. The City owns certain real property located adjacent to the Port Property, which is located in the City of Everett, Snohomish County, Washington, as legally described on attached Exhibit B (the "City Property"). ' C. The City intends to construct a 42-inch diameter sewer line, a 12-inch diameter force main, and associated improvements (the"City Improvements"), over and across a portion of the Port Property. The City Improvements will be constructed by the City's contractors within a vertical trench approximately twenty feet deep and twelve feet wide (the"Utility Trench"). ' D. In order to construct the City Improvements, the City needs a temporary construction license over those portions of the Port Property described and depicted as "Licensed Area" in Exhibit C attached hereto (the "License Area"). E. The Port will be constructing its own improvements (the"Port Improvements") on the Port Property, concurrently with the City's construction of the City Improvements. F. This Agreement is one of the agreements authorized by an Interlocal Agreement between the City and the Port, with respect to certain matters related to the Port Property (the ' "Interlocal Agreement"). The Interlocal Agreement authorizes several agreements, including a separate environmental indemnification agreement with respect to potential claims and other matters related to the environmental site conditions of the Port Property (the "Environmental ' Indemnification Agreement"). For purposes of this Agreement, the term "Hazardous Substances" shall have the meaning ascribed to such term in the Environmental Indemnification Agreement. AGREEMENT U NOW, THEREFORE, for and in consideration of the terms and conditions of this Agreement and the Recitals described above,which are incorporated herein, as well as the mutual benefits to be derived herefrom, the Parties agree as follows: ' 1. Grant of Temporary License. Subject to the terms and conditions of this Agreement, the Port hereby grants and conveys to the City a temporary, non-exclusive license - 1 - ' 112558540.8 0073013-00041