T E Walrath Trucking Inc 9/19/2019

CITY LICENSE TO USE CITY PROPERTY THIS LICENSE AGREEMENT (the "License"), between the City of Everett as Grantor (the"City) and T.E. Walrath Trucking, Inc., 11405 24th Ave East, Tacoma, WA 98445, as the Grantee("Walrath"),relates to a portion of property owned by the City located at 4000 Railway Ave, Everett, WA, as depicted on Exhibit A, attached hereto (the"Property"). RECITALS A. Walrath desires to utilize the Property for loading and transporting dredge spoils materials located at the Property. B. The City is willing to grant Walrath authority to use the City's property upon certain terms and conditions. AGREEMENT In consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged, the City licenses Walrath to use the Property upon the following terms and conditions: Section 1. LICENSED PROPERTY. The specific area of property owned by the City, and subject to this License, is located at 4000 Railway Avenue, Everett, WA 98201, as depicted in Exhibit A, attached hereto, or as otherwise directed by the City's Maintenance and Operations Supervisor, Patrick Mitchell, or other city designee. Section 2. TERM. This License shall be effective beginning at 11:00 am, August 22, 2019 and shall expire at midnight on September 30, 2019, unless terminated earlier per Section 7, below. Section 3. Intentionally Omitted. Section 4. AUTHORIZED USE. Walrath may only use the Property for the purpose of load and transporting dredge spoils materials at the Property, operating and storing heavy equipment and other necessary equipment for removal of said dredge spoils. Section 5. INDEMNIFICATION. Walrath hereby agrees to defend, indemnify and hold the City harmless from any and all Claims for injury to people or damage to property arising out of or related to this License. This defense and indemnification obligation shall survive any termination, revocation or expiration of this Agreement. For the purpose of page 1