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<br /> Law Department Approved Tracking#: 05-29401
<br /> AGREEMENT FOR PRIVATE CROSSING
<br /> THIS AGREEMENT ("Agreement"), made this day of , 2007,
<br /> ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation
<br /> (hereinafter called "Licensor") and CITY OF EVERETT, a Washington municipal corporation
<br /> (hereinafter whether one or more persons or corporations called the"Licensee").
<br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
<br /> agree to the following:
<br /> GENERAL
<br /> 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
<br /> estates of third parties, including, without limitation, any leases, licenses, easements, liens,
<br /> or other encumbrances, and upon the terms and conditions set forth below, to construct,
<br /> maintain, and use in strict accordance with the drawings and specifications approved by
<br /> Licensor as part of Licensee's application process("the Drawings and Specifications")an at-
<br /> grade crossing, thirty-two (32)feet wide("Crossing"), across the rail corridor of Licensor at or
<br /> near Licensor's station of Everett, County of Snohomish, State of Washington, Line
<br /> Segment 0408, Mile Post 7.43, at the location and in the manner shown upon the print No.
<br /> 1-37600, dated November 15, 2005, revised June 1, 2006, marked "Exhibit A," attached
<br /> hereto made a part hereof ("Premises") for the purposes specified in Section 3. For
<br /> convenience, said Crossing, including crossing surface and all appurtenances thereto
<br /> between the ends of railroad ties, cattle guards, farm gates or barriers, drainage facilities,
<br /> traffic signs or devices, identification signs approved by Licensor, whistling posts, or other
<br /> appurtenances, if any, are hereinafter collectively referred to as the"Crossing."
<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. It is expressly stipulated that the Crossing is to be a strictly private one, to be solely used for
<br /> the purpose set forth in Licensee's Application for Crossing attached hereto as Exhibit B and
<br /> is not intended for and shall not be for public use. The Licensee, without expense to
<br /> Licensor, will take any and all necessary action to preserve the private character of the
<br /> Crossing and prevent its use as a public road. In the event Licensor determines that:
<br /> (a) the Crossing is being used for a purpose or in a manner not set forth in Exhibit B;
<br /> (b) there is a significant change in the volume or nature of traffic at the Crossing;or
<br /> (c) the Licensee has in any way breached the terms or conditions of this Agreement,
<br /> Licensor shall have the right to terminate this Agreement in accordance with Section
<br /> 26.
<br /> 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the
<br /> Form 432;Rev.04/26/05
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