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17-57381
<br /> STORMWATER DISCHARGE AND PIPELINE LICENSE
<br /> THIS STORMWATER DISCHARGE AND PIPELINE LICENSE("License") is made to be effective
<br /> the 231d day of August, 2021 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a
<br /> Delaware corporation ("Licensor")and LBG 38, LLC, a Delaware limited liability company("Licensee").
<br /> In consideration of the mutual covenants contained herein, the parties agree to the following:
<br /> GENERAL
<br /> 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights,
<br /> interests, and estates of third parties, including, without limitation, any leases, use rights,
<br /> easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to
<br /> construct and maintain for the benefit of Licensee's premises, in strict accordance with the drawings
<br /> and specifications approved by Licensor as part of Licensee's application process (the"Drawings
<br /> and Specifications"), one (1) pipeline, twelve (12) inches in diameter and related appurtenances
<br /> (collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of
<br /> Mukilteo, County of Snohomish, State of Washington, Line Segment 1343, Mile Post 29.27 as
<br /> shown on the attached Drawing No. 69349, dated March 28, 2017,attached hereto as Exhibit "A"
<br /> and incorporated herein by reference (the "Premises"). This License is granted with respect to
<br /> and shall only be used for the benefit of Licensee's premises or that portion thereof as is identified
<br /> and legally described in the attached Exhibit"B" (the"Benefitted Property").
<br /> 2. Term. This License shall commence on the Effective Date and shall continue in perpetuity(except
<br /> where held to be limited by law,and in such cases, the term shall be for a period of ninety-nine(99)
<br /> years), subject to prior termination as hereinafter described.
<br /> 3. Existin, Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's
<br /> existing lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use,
<br /> repair, maintenance or replacement of such improvements.
<br /> 4. Use of the Premises. Licensee shall use the Premises solely for(i)construction, maintenance, and
<br /> use of the Pipeline in accordance with the Drawings and Specifications, and (ii) drainage and
<br /> discharge of stormwater from the Benefitted Property through the Pipeline onto the Premises. The
<br /> Pipeline shall only carry stormwater discharged from the Benefitted Property, and Licensee shall
<br /> not use the Pipeline to carry any other material or use the Premises for any other purpose.
<br /> 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the
<br /> Premises or permanently affix anything to the Premises or any buildings or other structures
<br /> adjacent to the Premises without Licensor's prior written consent.
<br /> 6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment(in lieu
<br /> of recurring periodic fixed license fees)in the amount the sum of Fifty Six Thousand Five Hundred
<br /> Thirty One and Twenty Five Cents ($56,531.25)as compensation for the use of the Premises
<br /> 7. Costs and Expenses.
<br /> 7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes,
<br /> but is not limited to, actual labor and material costs including all assignable additives, and
<br /> material and supply costs at current value where used.
<br /> 7.2 Licensee agrees to reimburse Licensor(pursuant to the terms of Section 8 below)for all
<br /> costs and expenses incurred by Licensor in connection with Licensee's use of the Premises
<br /> or the presence, construction and maintenance of the Pipeline, including but not limited to
<br /> the furnishing of Licensor's flaggers and any vehicle rental costs incurred, inspection
<br /> 1 32330630.2 Form 424;Rev.20190916
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