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Tracking#16-55547
<br /> PIPELINE LICENSE
<br /> THIS PIPELINE LICENSE ("License") is made to be effective May 12. 2017, (the"Effective Date") by and
<br /> between BNSF RAILWAY COMPANY,a Delaware corporation("Licensor")and CITY OF EVERETT. a Washington
<br /> municipal corporation("Licensee").
<br /> In consideration of the mutual covenants contained herein,the parties agree to the following:
<br /> GENERAL
<br /> 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license,subject to all rights,interests,and
<br /> estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
<br /> encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict
<br /> accordance with the drawings and specifications approved by Licensor as part of Licensee's application
<br /> process(the"Drawings and Specifications"),three(3)pipelines,a 12 inch diameter duct iron pipe,a 30 inch
<br /> diameter and a 36 inch diameter steel pipe(collectively,the"Pipeline"),across or along Licensor's rail corridor
<br /> at or near the station of Everett, County of Snohomish, State of Washington, Line Segment 0050, Mile Post
<br /> 34.28 as shown on the attached Drawing No.67465,dated July 29,2016,attached hereto as Exhibit"A"and
<br /> incorporated herein by reference(the"Premises").
<br /> 2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five(25)
<br /> years,subject to prior termination as hereinafter described.
<br /> 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
<br /> lessees,licensees,easement beneficiaries or lien holders,if any,or interfere with the use,repair, maintenance
<br /> or replacement of such improvements.
<br /> 4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of the
<br /> Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry sanitary sewage and
<br /> storm water,and Licensee shall not use the Pipeline to carry any other material or use the Premises for any
<br /> other purpose.
<br /> 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or
<br /> permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without
<br /> Licensor's prior written consent.
<br /> COMPENSATION
<br /> 6. License Fee. Licensee shall pay Licensor,prior to the Effective Date,the sum of Ten Thousand,Eight Hundred
<br /> and No/100 Dollars(S10,800)as compensation for the use of the Premises.
<br /> 7. Costs and Expenses.
<br /> 7.1 For the purpose of this License. "cost"or "costs" and "expense" or "expenses" includes, but is not
<br /> limited to,actual labor and material costs including all assignable additives,and material and supply
<br /> costs at current value where used.
<br /> 7.2 Licensee agrees to reimburse Licensor(pursuant to the terms of Section 8 below)for all costs and
<br /> expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence,
<br /> construction and maintenance of the Pipeline, including but not limited to the furnishing of Licensor's
<br /> flaggers and any vehicle rental costs incurred. Licensee shall bear the cost of nagger services and
<br /> other safety measures provided by Licensor, when deemed necessary by Licensor's representative.
<br /> Flagging costs shall include,but not be limited to,the following: pay for at least an eight(8)hour basic
<br /> day with time and one-half or double time for overtime,rest days and holidays(as applicable);vacation
<br /> allowance; paid holidays (as applicable); railway and unemployment insurance; public liability and
<br /> property damage insurance; health and welfare benefits: transportation; meals; lodging and
<br /> supervision. Negotiations for railway labor or collective bargaining agreements and rate changes
<br /> authorized by appropriate Federal authorities may increase flagging rates. Flagging rates in effect at
<br /> the time of performance by the flaggers will be used to calculate the flagging costs pursuant to this
<br /> Section 7.
<br /> Form 424;Rev.201400801
<br /> .1-
<br /> CITY OF EVERETT
<br /> GRAND AVENUE PARK BRIDGE May 18,2017
<br /> WO#3588 Appendix G2—2
<br /> . age 19
<br /> Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com -Always Verify Scale
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