2019/01/09 Council Agenda Packet

1. LICENSED-PROPERTY. The property subject to this License is described in Exhibit A("Property"). 2. TERM. The initial term of this License shall commence on January 1, 2019 and shall expire at midnight on December 31, 2023. Any tenancy after the initial term shall be on a month to month basis. Except as otherwise provided in this License, either party may terminate this agreement upon thirty(30)days written notification. 3. AUTHORIZED USE. Glacier may only use the air space of the Property for the purpose of a conveyor system for the transport of aggregate and other materials. 4. ANNUAL 1'EE. Glacier shall pay One Thousand Nine Hundred Fifty Four Dollars and 69/100 cents ($1,954.69)on or before February 1, 2019. The fee will escalate at a rate of 5% per year on January 1 of each year with payment due on or before February 1 of each year. If the license continues beyond the five-year term,the fee will continue to escalate at a rate of 5%per year on January 1 of each year with payment due on or before February 1 of that same year. 5. INDEMNIFICATION. Glacier hereby agrees to defend and indemnify(including reasonable attorneys' fees)and hold the City, its officers, employees and agents harmless from any claims related to any injury, loss or damage to people or property, including,but not limited to,damage to the street,road or right-of-way and any Cityfacilities and death, arising out of or related to this License, including, but not limited to,its design, construction, maintenance, and/or repairs;provided,however,nothing herein shall require Glacier to defend,indemnify or hold harmless the City,its officers, employees and agents for that portion of any injury,loss, or damage attributable to the negligence of the City, its officers, employees, and agents, or the negligence of third parties. This defense and indemnification obligation shall survive any termination,revocation or expiration of this Agreement. 6. TERMINATION. The City may terminate this License for any breach of any term or condition of this License, or any other term or condition of any other agreement, license, permit, or easement that relates to the Property,including,but not limited to,the Conveyor System Maintenance and Indemnification Agreement,within thirty(30) days after written notice from the City of such breach,provided,however that if the breach identified is not a breach that it is reasonably possible to cure in thirty(30)days, Glacier shall not be in default if it commences to cure the breach within thirty(30) days and thereafter diligently prosecutes such cure to completion(up to a maximum cure period of one hundred and twenty(120) days). This right is in addition to any other rights at law or in equity arising out of or related to such breach. Glacier Nw-Wilder Const Conveyor License 2019 - -2 - 62