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LICENSE FOR USE OF CITY PROPERTY <br />I. Definitions <br />A. "City" means the City of Everett, a municipal corporation organized under the laws of <br />the State of Washington. "City Property" means the property described on Exhibit A to <br />this License. <br />B. "City Property" shall mean the property described in Exhibit A that has been received <br />permits for placing Fill Material on it. <br />C. "Fill Material" shall mean gravel borrow or structural material as defined by, and <br />complying with, Standard Specification section 9-03.14( 1) and shall be placed in <br />accordance with Standard Specification section 2-03.3(14)(C), Method A. <br />D. "KLB" means KLB Construction, Inc., PO Box 158, Mukilteo, Washington. <br />E. "I-5 HOV Project" means a construction project by the Washington State Department <br />of Transportation known as I-5 - Everett, SR 526 to US 2 HOV Lanes, a design/build <br />project. <br />F. "Receiving Sites" shall mean City Property and adjoining property owned by the <br />City within four hundred (400) feet of City Property for which permits have been <br />issued to receive Fill Material pursuant to section IV(A) of this License. <br />G. "Standard Specification" shall mean the Washington State Department of <br />Transportation Standard Specifications for Road, Bridge and Municipal Construction <br />(2004), as amended through September 1, 2005. <br />II. Background <br />A. KLB desires to use City Property for stockpiling Fill Materials for use in the I-5 HOV <br />Project. <br />B. The City is willing to grant KLB a license to use City Property for such purpose on <br />certain terms and conditions. <br />III. License <br />A. The City grants KLB license and permission to use City Property for the purpose <br />described in section II(A), subject to the terms and conditions of this License. KLB's <br />subcontractors may use site with KLB's permission for trucking and for processing of <br />materials. <br />B. The term of this License is from October 1, 2005 to September 30, 2007. Effective <br />October 1, 2007, this License shall be in effect from month to month and may be <br />terminated by either City or KLB on sixty days' written notice. <br />