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' EXHIBIT E <br /> CONSTRUCTION REQUIREMENTS <br /> ' 1. The City shall start the Work at the south end of the License Area, near Federal Avenue. <br /> The Work shall progress northward until the City Improvements are completed at the <br /> north end of the License Area, adjacent to the City Property. <br /> 2. The City shall maintain continuous security for the License Area, in accordance with the <br /> Port's requirements, in the event the Work causes any damage to or removal of the <br /> existing security fencing and gate system. <br /> 3. Progressive Release of the License Area: As the City Project Manager determines that <br /> portions of the City Improvements have been completed within the License Area(e.g., <br /> the pipe is installed, the area is backfilled and compacted, and all construction materials <br /> are removed), and such portion of the License Area is no longer required for the Work <br /> with the exception of testing, the City Project Manager will promptly provide written <br /> release notices to the Port, substantially in the form attached hereto as Exhibit G (a <br /> "Release Notice"). The City's storage of materials within a portion of the License Area <br /> ' shall not be the cause of a delay in releasing such portion of the License Area, as the <br /> Parties' intention is to release portions of the License Area back to the Port as soon as <br /> practicable. With the exception of the southern portion of the License Area (see <br /> ' Paragraph 4 below), the Parties anticipate that a Release Notice will be provided for each <br /> approximately 300 linear feet of the City Improvements, as the City Improvements are <br /> completed. Each Release Notice will describe the portion of the License Area that is no <br /> longer required for the Work, and will be marked in the field by placing high visibility <br /> fencing at termination of the released area. Effective upon each Release Notice, the <br /> portion of the License Area so described, with the exception of the City's buried <br /> dewatering pipe, shall be released and the City shall no longer have any rights to use such <br /> portions of the License Area. <br /> 4. With respect to the southern portion of the License Area, as shown on Exhibit C (the <br /> "Southern Portion"), and because the Southern Portion could adversely affect the Port's <br /> use of the southern access to the Port Property, and the Port has critical cargo storage, <br /> access, and transportation requirements in the Southern Portion, the following conditions <br /> apply: <br /> (a) The Port and the City shall coordinate the exact schedule for the Work occurring <br /> in the Southern Portion, specifically the schedule for the Work between City <br /> Stations 32+00 and 29+62, and Stations 29+62 and 27+55. The Port's approval of <br /> ' the City's proposed schedule shall not be unreasonably withheld. <br /> (b) The City Project Manager shall release the portion of the License Area between <br /> City Stations 32+00 and 29+62 immediately upon the diligent and timely <br /> completion of the City Improvements within this portion of the License Area. <br /> I <br /> Exhibit E <br /> 112558540.8 0073013-00041 <br />