Northwest Construction 1/18/2022

of establishing a viable truck route to the north. The City will be allowed to utilize an existing asphalt road, to the northeast of the License Area, to access the secured site entry location. The City and the Port shall coordinate closely to identify the exact truck route, and such truck route shall be approved by the Port, which will not be unreasonably withheld. If necessitated by the unavailability of the preload area as determined by the Port, the Port acknowledges that the City will require an alternative access road along the northeasterly portion of the Port Property in order to access the License Area and to stockpile excavated material on the City Property. Accordingly, the City may build and use, at its sole cost and expense, up to a 50-foot-wide gravel access road at the location shown on Exhibit C. At the request of the Port, the City will remove the access road material. The Northern gravel access road shown on Exhibit C shall not be part of the License Area. The City and the Port shall coordinate matters regarding the access road each week, during the weekly construction coordination meetings. 111 7. The City hereby acknowledges that the Port will be working on other parts of the Port Property. Accordingly, the City will confine the Work to the portions of the License Area which have not been previously released as provided in Paragraph 3 above, and, with respect to Crossings, the City will comply with Paragraph 5 above. 8. The City may use the License Area for staging and laydown of materials, except for in the location of the Crossings. 9. The City hereby acknowledges and agrees that the City does not have exclusive use of ' the License Area. The City hereby acknowledges and agrees that the Port may perform construction (e.g., utility trenching, utility construction,placing and compacting fill materials, etc.) within the License Area subject to the coordination of such work with the City; however, if such Port use causes the City to be unable to use the License Area or portion thereof, and the City's Contractor is unable to conduct planned work within such portion of the License Area due to the Port's use, then the resulting direct number of days that the City's Contractor's inability to work in such portion of the License Area delays Interim Completion of the Work shall be added to the Term of the Agreement. The Port shall coordinate any Port or Port contractor's use of the License Area with the City. 10. If the City is required under the Environmental Indemnification Agreement or otherwise to complete any remedial actions or other environmental work outside of the License ' Area, the Port and the City shall coordinate such work before the work begins, in consultation with the Ecology site manager. The area of the Port Property necessary for such work shall be deemed part of the License Area. 11. The City and the Port shall diligently facilitate coordination of their respective contractors in an effort to avoid construction conflicts. At a minimum, the City, the Port, and their respective contractors shall meet once per week during the weeks prior to the commencement of the Work, and throughout the duration of the Work. The City shall provide the Port with a detailed schedule and timeline for the Work. ' 12. The City shall protect all utilities the City encounters within the License Area. If any of these utilities are damaged, the City will replace such utilities in like condition, to the Exhibit E 112558540.8 0073013-00041