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Form Approved 02-24485 <br /> By VP Law <br /> LICENSE <br /> THIS LICENSE ("Licensee). made as of the day of , 2004 <br /> •("Effective Date") by and between THE BURLINGTON NORTHERN AND SANTA FE <br /> RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF EVERETT, <br /> WASHINGTON, a municipal corporation ("Licensee"). <br /> NOW THEREFORE, in consideration of the mutual covenants contained herein, the, <br /> parties agree to the following: <br /> GENERAL • <br /> 1. Licensor hereby grants Licensee a non-exclusive license. subject to all rights, interests, <br /> and estates of third parties. including, without limitation, any leases, licenses. <br /> easements, liens or other encumbrances, and upon the terms and conditions set forth <br /> below. to use the area of Licensor's property shown on the attached Drawing <br /> No. 1-29557 dated December 3. 2002. attached hereto. marked Exhibit -A". and made a <br /> part hereof, situated at or near Everett. County of Snohomish. State of Washington, Line <br /> Segment 0037 and 0050. Mile Post 152.44 to 387.73 ("Premises") for the purposes <br /> specified in Section 3 below. <br /> 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, <br /> licensees, easement beneficiaries or lien holders, if any. or interfere with the use of such <br /> improvements. <br /> 3. Licensee shall use Premises exclusively for site visits for potential track improvements. <br /> view adjoining properties and appraise property values.. Licensee shall not use the <br /> Premises for any other purpose whatsoever. Licensee shall not use or store hazardous <br /> substances, as defined by the Comprehensive Environmental Response, Compensation, <br /> and Liability Act, as amended (`CERCLA') or petroleum or oil as defined by applicable <br /> Environmental Laws on the Premises. <br /> 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in <br /> the Premises, Licensor shall not be liable to refund Licensee any compensation paid <br /> hereunder or for any damage Licensee sustains in connection therewith. <br /> 5. Any contractors or subcontractors performing work on the Premises, or entering the <br /> Premises on behalf of Licensee shall be deemed servants and agents of Licensee for <br /> purposes of this License. <br /> TERM <br /> 6. This License shall commence on the Effective Date and shall continue for a period of ten <br /> (10) years, subject to prior termination as hereinafter described. <br /> COMPENSATION <br /> 7. (a) Licensee shall pay Licensor. prior to the Effective Date. the sum of One <br /> Thousand and No-100 Dollars (S1.000.00' as compensation for the use of the <br /> Premises. <br /> 4 9 1 of 13 r_<<,__ : Rev .1 <br />