Northwest Construction 1/18/2022

Improvements, so that the Port shall not be responsible for any obligation, cost, expense, or other amount for any part or all of the construction and installation of the City Improvements. The City shall provide the Port with copies of the plans and specifications for the City Improvements (the "City Plans"),prior to using the License. The City hereby agrees to locate the City Improvements in the License Area as generally depicted in the attached Exhibit C. In constructing the City Improvements, the City shall comply with the stormwater management requirements set forth in Exhibit D (the "Stormwater Requirements"); and the construction requirements set forth in Exhibit E(the "Construction Requirements"). The Port shall comply with the Port's obligations under the Stormwater Requirements and the Construction Requirements. The City shall ensure that the City Plans comply with the Stormwater Requirements and the Construction Requirements. No change or deviation to the location of the City Improvements, the Stormwater Requirements, or the Construction Requirements shall be made without the Port's express, written approval, which shall not be unreasonably withheld. (b) In addition to the coordination requirements described in Exhibit E,the City shall provide the Port with seven (7) days written notice prior to commencing construction of the City Improvements. The City and the Port shall have weekly coordination meetings, to coordinate the schedule and location of the Work (defined below) with the Port's construction of the Port Improvements. Upon completion of the construction of the City Improvements, the City shall provide an as-built survey to the Port, in order for the Parties to enter into a permanent easement for the City Improvements. ' (c) The Port shall have the right, but not the obligation, to monitor the installation and construction of any and all of the City Improvements; provided that the Port does not interfere with such installation and construction, and that the Port's right to so monitor the City Improvements shall be solely for the Port's own benefit, at the Port's sole cost, and the Port shall have no duty to ensure that the City Improvements comply with any legal or insurance requirements. In connection with the installation and construction of the City Improvements (the "Work"), the City shall ensure that all contractors and subcontractors performing the Work are licensed and bonded as required by state law. After the City awards the construction contract for ' the Work to one or more contractors (collectively, the "Contractor"), but before Work begins on Port Property, the City shall cause the Contractor to provide evidence of insurance in the form of an ACORD certificate of insurance and additional insured endorsement(s), which shall name the Port as an additional insured and shall also provide, at the Port's written request, the underlying insurance policy to the Port. (d) After completion of the City Improvements, the City shall be responsible for any defects of the City Improvements and the Work, and any resulting damage to the Port Property caused by those defects.The City shall repair the damages to the Port Property caused by the defects within forty-five(45)days after written notice to the City, or as otherwise agreed to by both parties. By way of example only,if the backfill compaction is defective and settlement occurs along the alignment of the City Improvements, causing damage the Port's site grades and asphalt pavement section, the City shall repair and restore the Port's pavement and subgrade. The obligations of the City under this Section 4(d) shall survive for one year after the Interim Completion. ' -4- 1 112558540.8 0073013-00041