Diking District 5 DD5 8/24/2016 - Laserfiche WebLink

TEMPORARY CONSTRUCTION LICENSE AGREEMENT THIS TEMPORARY CONSTRUCTION LICENSE AGREEMENT (this "Agreement") is dated for reference purposes August 15 , 2016 and is made by and between the CITY OF EVERETT, a Washington municipal corporation ("City") and DIKING IMPROVEMENT DISTRICT NO. 5 OF SNOHOMISH COUNTY("Diking District No.5" or "DD5"), a diking district organized pursuant to Title 85 of the Revised Code of Washington . RECITALS A. DD5 is completing rehabilitation work on a portion the dike located on Smith Island adjacent to Union Slough. This work is referred to in this Agreement as the"Project." B. The City of Everett is the owner of certain real property located on Smith Island and more legally described herein. The Project is located entirely on this property. This real property is referred to in this Agreement as the "Property." Section 15 Township 29 Range 05 Quarter NW - GOVT LOT 6, EXC TH PTN CONVYD TO DIKE DIST #5 BY DEED REC VOL 260 PG 188 AKA PAR 2 OF BLA 01-103187 REC AFN 200104200001 TGW 50FT STRIP OF LAND CONVYDPER QCD REF AFN 200303030331. All situate in the county of Snohomish, State of Washington C. DD5 has requested a temporary construction license (the"License") for use of the portion of the City's Property depicted in the attached ExHIBIT A being temporary work areas and access routes consistent with the plans and specifications on file with the Army Corps of Engineers as shown on drawing SEE SE-RE-TR dated June 23, 2016 ("License Area") for certain permitted uses described herein and in said drawings, in connection with the Project ("Permitted Uses"). D. The License is on, over, and across the License Area, for a period not to exceed one (1) year, beginning with date use of the land is granted to DD5, for use by the United States, 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-1-16 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. DD5-City of Everett Temporary Construction License Agreement page 1