Laserfiche WebLink
<br /> <br />- 1 - <br />129684302.6 0073013-00097 <br />LICENSE AGREEMENT <br />THIS LICENSE AGREEMENT (this “Agreement”) is made and entered into as of <br />__________, 2025 (the “Effective Date”), by and between Port of Everett, a Washington port <br />district (the “Port”), and City of Everett, a Washington municipal corporation (the “City”). The <br />Port and the City are referred to herein individually as a “Party” and collectively as the “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 Port, as successor-in-interest as grantor, and the City, as grantee, are parties to <br />that certain Easement Agreement dated July 31, 2019, with Snohomish County Recording No. <br />201907310975 (the “Easement Agreement”). The Easement Agreement provides the City with a <br />non-exclusive easement over a portion of the Port Property that is more fully described in the <br />Easement Agreement (the “Easement Area”). <br />C. The City intends to undertake a major combined sewer and stormwater pipeline <br />project that affects the Easement Area as well as adjacent areas, including portions of West Marine <br />View Drive and the storage facility located north of Norton Terminal. The City has named this <br />project the Port Gardner Storage Facility West Marine View Drive Storm and Combined Sewer <br />Project, which is occurring in connection with the City’s Port Gardner Storage Facility project <br />(both projects together, the “PGSF Project”). The PGSF Project includes, among other items, the <br />installation of (2) 48-inch diameter and (1) 24-inch diameter pipelines approximately through the <br />northern 800 feet of the existing easement area. <br />D. In order to construct the PGSF Project, the City needs a temporary license to access <br />those portions of the Port Property described and depicted as “License Area” in Exhibit B attached <br />hereto (the “License Area”) in connection with construction staging, trucking access, and for <br />minor work related to the construction of the PGSF Project. <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 therefrom, 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, exclusive license over, <br />across and under the License Area set forth in Exhibit B for the purpose of vehicular access and <br />other ancillary uses related to the City’s construction of the PGSF Project, such as construction <br />staging, storage and parking (the “License”). The Parties acknowledge that the License Area <br />consists of three functional sub-areas: (i) a storage sub-area, (ii) a truck transit and staging sub-use <br />area, and (iii) a temporary construction sub-use area (each, a “Sub-Area” and collectively, the <br />“Sub-Areas”). The temporary construction Sub-Area will involve movement of construction <br />equipment (including tracked equipment) and other activities that have a high potential for