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C. This License is: (1) personal to KLB; (2) may not be assigned, pledge, hypothecated, <br />encumbered, or transferred; and (3) does not run with, or attach to, City Property. <br />IV. Conditions <br />A. KLB may import and export Fill Material to and from City Property. <br />B. KLB shall have exclusive use of City Property for the term of this License. <br />C. Upon termination of this License, KLB will place for City's use: <br />On parcel three of City Property, seventy-five thousand (75,000) cubic <br />yards of Fill Material from I-5 HOV Project and other projects within <br />fifteen months of the City acquiring permits for permanently placing Fill <br />Material on the site. If the City has not received the permits needed for <br />the placement of Fill Material on this site, including a "crossing <br />agreement" from BNSF by June 30, 2006, this obligation becomes void. <br />2. On parcels four and five, one hundred fifty thousand (150,000) cubic <br />yards of Fill Material from I-5 HOV Project and other projects on or <br />before October 1, 2007. <br />D. Prior to any work occurring on City Property, KLB shall: <br />1. Clear and grub City Property according to Standard Specification sections <br />2-01.3(1) and (2) and remove and properly dispose of such things as <br />abandoned cars, trailers, campers, garbage, etc. <br />2. Remove any unstable or unsuitable material according to Standard <br />Specification section 2-03. <br />3. Install temporary silt fencing as described by City of Everett Design and <br />Construction Standards and Specifications for Development drawing <br />205A dated April 19, 1996 <br />4. Install perimeter security fencing with lockable gate. <br />D. On or before November 30, 2007, KLB will commence spreading Fill Material <br />from City Property onto Receiving Sites. The material shall be uniformly spread on <br />the Receiving Sites, sloping downward to the east, and meet Standard <br />Specification 2-03.3(14)(C), Method A. Prior to spreading Fill Material, the areas <br />receiving the Fill Material shall be cleared and grubbed according to Standard <br />Specification sections 2-01.3(1) and (2), and any unstable or unsuitable material shall be <br />removed according to Standard Specification section 2-03. City and KLB shall jointly <br />walk the Receiving Sites and determine areas or unsuitable or soft base for removal. <br />Spreading of Fill Material shall be completed within ninety days of the start of <br />License For Use Of City Property <br />KLB Construction, Inc. <br />Page 2 of 6 <br />