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LICENSE TO USE CITY PROPERTY <br /> Grantor: City of Everett <br /> Grantee: Portable Hydraulic Dredging LLC <br /> Property: See attached Exhibit A <br /> Portable Hydraulic Dredging LLC, whose address is: 2851 Pribilof St. Anchorage, AK <br /> 99517,hereinafter referred to as "PHDLLC", desires to utilize City owned property for <br /> the purpose hereinafter set forth; and <br /> The City is willing to grant PHDLLC authority to use a portion of City's property upon <br /> certain terms and conditions; <br /> NOW, THEREFORE, in consideration of the premises, the promises contained herein, <br /> and other good and valuable consideration,the receipt and sufficiency of which is hereby <br /> expressly acknowledged,the City licenses PHDLLC to use City's property upon the <br /> following terms and conditions: <br /> 1. LICENSED PROPERTY. The specific approximately half-acre of area of City <br /> owned property subject to this License is described in Exhibit A, hereinafter the <br /> ("Property"). <br /> 2. TERM. This License shall be effective beginning October 18, 2016, and shall expire <br /> on March 1, 2017, unless terminated earlier upon 30-days notice per Section 7 below. <br /> 3. AUTHORIZED USE. PHDLLC may only use the Property for the purpose of pipe <br /> fabrication. <br /> 4. MONTHLY CONSIDERATION. PHDLLC shall pay Five Hundred Dollars <br /> ($500.00)per half-acre, due each month on or before the 1st day of each month during the <br /> term of this License plus Lease Hold Tax at a rate of 12.84%, if applicable. <br /> 5. INDEMNIFICATION. PHDLLC hereby agrees to defend, indemnify and hold the <br /> City harmless from any and Claims for injury to people or damage to property arising out <br /> of or related to this License. "City"means the City, its officers, employees and agents. <br /> "Claims"means any loss, injury, demand, settlement and lawsuit, and further includes <br /> any and all reasonable litigation costs such as attorney's fees, expert fees and costs, and <br /> court costs. "Injury to people" includes, but is not limited to, bodily injury and death. <br /> page 1 <br />