Diking Improvement District No 5 8/13/2018

its representatives, agents, and contractors as a work area for Permitted Uses, including the right to deposit fill material thereon,move, store, and remove equipment and supplies, and erect and remove temporary structures on the land and to perform any other work necessary and incident to the construction of the Union Slough Levee Rehabilitation Project,Job No. SNO-1-18 together with the right to trim, cut, fell, and remove therefrom all trees,underbrush, obstructions, and any other vegetation, structures, or obstacles within the License Area; reserving,however, to the landowners,their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and license hereby granted; subject however, to existing easements. E. In consideration for the use of the Property, the parties agree to the terms and conditions set forth herein. AGREEMENT For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,DD5 and the City agree as follows: 1. LICENSE. Without altering the rights DD5 has to access and a perpetual levee easement pursuant to instruments recorded at Snohomish County Auditor's File No. 635626,and rights at common law through long use and maintenance of a levee,which rights the City acknowledges,the City hereby grants to DD5 this License for use of the License Area for the Permitted Uses described in Paragraph C and D above. DD5 may allow the use of the License Area by its contractors, agents, employees and invitees, including the United States, Army Corps of Engineers, and their contractors, for the Permitted Uses. These users are collectively referred to in this Agreement as the"License Users." 2. PERMITTED USES OF LICENSE. The City and License Users may use the License Area for certain Permitted Uses,including, access, ingress, egress, construction staging, materials storage, and ancillary activities incidental to the Project. No other uses of the License Area shall be permitted without the prior written approval of the City. 3. TERM. This license shall commence on the first day DD5 uses the License Area for a Permitted Use and ends no later than one year from that date. 4. COORDINATION OF PROPERTY USES. DD5 use of the Property shall not conflict with City use of the Property. DD5 shall coordinate its exercise of its rights hereunder with the following representative of the City: Halley Kimball, Telephone: (425)257-8946. 5. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. DD5 shall comply with all federal, state and local laws, rules regulations and ordinances governing its activities on the Property and its exercise of the rights granted hereunder. DD5 shall also comply with City rules or procedures while on the Property including without limitation any safety or environmental requirements. 6. REGULATED SUBSTANCES/EMERGENCY RESPONSE. Except for the fuel that is properly in its vehicles, DD5 may not use, generate or have petroleum products, DD5-City of Everett Temporary Construction License Agreement page 2