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TEMPORARY CONSTRUCTION <br /> LICENSE AGREEMENT <br /> THIS TEMPORARY CONSTRUCTION LICENSE AGREEMENT(this"Agreement")is <br /> made and entered into as of , 20_, by and between Port of Everett, a Washington <br /> port district(the "Port"), and City of Everett, a Washington municipal corporation (the "City"). <br /> The Port and the City are referred to herein individually as a "Party" and collectively as the <br /> "Parties." <br /> RECITALS <br /> A. The Port owns certain real property, which is located in the City of Everett, <br /> Snohomish County,Washington,as legally described on attached Exhibit A(the"Port Property"). <br /> B. The City owns certain real property located adjacent to the Port Property, which is <br /> located in the City of Everett, Snohomish County, Washington, as legally described on attached <br /> Exhibit B (the"City Property"). <br /> C. The City intends to construct a 42-inch diameter sewer line, a 12-inch diameter <br /> force main,and associated improvements(the"City Improvements"),over and across a portion of <br /> the Port Property. The City Improvements will be constructed by the City's contractors within a <br /> vertical trench approximately twenty feet deep and twelve feet wide(the "Utility Trench"). <br /> D. In order to construct the City Improvements, the City needs a temporary <br /> construction license over those portions of the Port Property described and depicted as"Licensed <br /> Area" in Exhibit C attached hereto (the"License Area"). <br /> E. The Port will be constructing its own improvements(the"Port Improvements")on <br /> the Port Property, concurrently with the City's construction of the City Improvements. <br /> F. This Agreement is one of the agreements authorized by an Interlocal Agreement <br /> between the City and the Port, with respect to certain matters related to the Port Property (the <br /> "Interlocal Agreement"). The Interlocal Agreement authorizes several agreements, including a <br /> separate environmental indemnification agreement with respect to potential claims and other <br /> matters related to the environmental site conditions of the Port Property (the "Environmental <br /> Indemnification Agreement"). For purposes of this Agreement, the term "Hazardous <br /> Substances" shall have the meaning ascribed to such term in the Environmental Indemnification <br /> Agreement. <br /> AGREEMENT <br /> NOW, THEREFORE, for and in consideration of the terms and conditions of this <br /> Agreement and the Recitals described above,which are incorporated herein, as well as the mutual <br /> benefits to be derived herefrom, the Parties agree as follows: <br /> 1. Grant of Temporary License. Subject to the terms and conditions of this <br /> Agreement, the Port hereby grants and conveys to the City a temporary, non-exclusive license <br /> - 1 - <br /> 112558540.10 0073013-00041 <br />