|
D. Temporary Work Area License: The License is on, over, and across the License
<br /> Area (land shown in Exhibit A shown in magenta), for a period not to exceed six (6) months,
<br /> beginning with date use of the land is granted to DD5, for use by the United States, its
<br /> representatives, agents, and contractors as a work area for Permitted Uses, including the right to
<br /> deposit fill material thereon,move, store, and remove equipment and supplies, and erect and
<br /> remove temporary structures on the land and to perform any other work necessary and incident
<br /> to the construction of the Union Slough Levee Rehabilitation Project, Job No. SNO-1-18
<br /> together with the right to trim, cut, fell, and remove therefrom all trees,underbrush, obstructions,
<br /> and any other vegetation, structures, or obstacles within the License Area; reserving,however,to
<br /> the landowners,their heirs and assigns, all such rights and privileges as may be used without
<br /> interfering with or abridging the rights and license hereby granted; subject however,to existing
<br /> easements for public roads and highways,public utilities,railroads and pipelines.
<br /> E. Temporary Access License: A temporary access license and right of way in,
<br /> on, over and across the License Area land described in Exhibit A(shown in red) for a period not
<br /> to exceed six (6) months, for the location, construction, operation,maintenance, alteration,
<br /> replacement of(a)road(s) and appurtenances thereto;together with the right to trim, cut fell and
<br /> remove therefrom all trees,underbrush, obstructions and other vegetation, structures, or
<br /> obstacles within the limits of the right of way; reserving,however,to the owners, their hers and
<br /> assigns, the right to cross over and under the right of way as access to their adjoining land at the
<br /> locations indicated on Exhibit A; subject, however,to existing easements for public roads and
<br /> highways,public utilities, railroads and pipelines.
<br /> F. In consideration for the use of the Property, the parties agree to the terms and
<br /> conditions set forth herein.
<br /> AGREEMENT
<br /> For good and valuable consideration,the receipt and sufficiency of which are hereby
<br /> acknowledged,DD5 and the City agree as follows:
<br /> 1. LICENSE. Without altering the rights DD5 has to access and a perpetual levee
<br /> easement pursuant to instruments recorded at Snohomish County Auditor's File No. 536725 and
<br /> 511129, which rights the City acknowledges,the City hereby grants to DD5 this License for use
<br /> of the License Area for the Permitted Uses described in Paragraph C and D above. DD5 may
<br /> allow the use of the License Area by its contractors, agents, employees and invitees, including '
<br /> the United States, Army Corps of Engineers, and their contractors, for the Permitted Uses. These
<br /> users are collectively referred to in this Agreement as the "License Users."
<br /> 2. PERMITTED USES OF LICENSE. The City and License Users may use the
<br /> License Area for certain Permitted Uses,including, access, ingress, egress, construction
<br /> staging, materials storage, and ancillary activities incidental to the Project. No other uses of
<br /> the License Area shall be permitted without the prior written approval of the City.
<br /> 3. TERM. This license shall commence on the first day DD5 uses the License Area
<br /> for a Permitted Use and ends no later six months from that date,but may be extended upon
<br /> notice but not more than one year total from the original date.
<br /> DD5-City of Everett Temporary Construction License Agreement page 2
<br />
|