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THIS LICENSE IS SUBJECT AND SUBORDINATE TO ALL EXISTING DOCUMENTS AND INSTRUMENTS OF RECORD AFFECTING THE PROPERTY. LICENSEE MUST SECURE ALL ADDITIONAL NECESSARY APPROVALS, PERMITS AND CONSENTS, AND DELIVER ALL NECESSARY NOTICES, BEFORE COMMENCING ACTIVITIES IN THE PROPERTY, INCLUDING ANY APPROVALS, PERMITS, CONSENTS OR NOTICES REQUIRED FROM OR TO CITY OR ANY OTHER AGENCY. LICENSEE COVENANTS AND AGREES, FOR THE BENEFIT OF CITY, THAT LICENSEE SHALL FULLY COMPLY WITH THE TERMS AND CONDITIONS OF ANY RULES AND REGULATIONS PROMULGATED BY CITY AS THEY APPLY TO ANY WORK OR ACTIVITIES TO BE PERFORMED OR FACILITIES TO BE INSTALLED BY LICENSEE ON THE PROPERTY PURSUANT TO THIS AGREEMENT, AND CITY SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND WITH RESPECT THERETO. LICENSEE ACKNOWLEDGES AND AGREES THAT NEITHER CITY NOR ANY OF ITS AGENTS HAVE MADE, AND CITY HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE PRESENT OR FUTURE SUITABILITY OF THE PROPERTY FOR LICENSEE'S INTENDED WORK, ACTIVITIES OR FACILITIES. 2. Authorized Activities. A. Authorized Activities on the License Area. LICENSEE may enter upon and use the License Area (collectively, "Activities") for contractor staging purposes, material staging/storage (including formwork), secure tool and equipment storage (forklifts, air compressors, generators, and safety/traffic control-related equipment), subcontractor and special inspection related material staging/storage, tools, equipment and temporary field office sheds/trailers, short term vehicle parking for material pick-up/delivery (UPS/FedEx) and sanitary facilities services. LICENSEE shall not conduct any construction activities on any portion of the License Area except for mobile crane operation and groundwater processing as identified on Exhibit C. LICENSEE shall not use the License Area for any other purpose without first obtaining the City Manager's written consent. B. Alterations. LICENSEE may install certain facilities as follows (collectively, "Permitted Facilities"): (1 ) Temporary improvements reasonably necessary in connection with the Activities, including fencing, pavement and paving work, temporary and non- permanently attached job site trailers, storage containers and portable restroom facilities, and (2) signage, pavement and paving work, lighting and other temporary improvements reasonably approved by CITY. Except as expressly provided above with respect to the Permitted Facilities, LICENSEE shall not make any alterations, additions, improvements or other changes without CITY's prior written consent, which CITY may withhold in its sole and absolute discretion. The Permitted Facilities, and all other alterations, additions, improvements or other changes on or with respect to the License Area for which the consent of the CITY has been secured are hereinafter collectively referred to as the "Alterations." All such Alterations shall be made in accordance with all applicable Laws, in a good and workmanlike manner, and at the sole cost and expense of LICENSEE. Upon termination of this License, at CITY's request, LICENSEE shall remove all Alterations, if any. No compensation shall be owed to LICENSEE in any event for any Alterations made by LICENSEE to the License Area. Any damage caused by the installation or removal of Alterations shall be repaired by Licensee at its sole cost and expense, as reasonably required to restore the License Area to substantially the same condition as it was in on the date of this Agreement. REV: 09-27-17 PR Page 2 of 11 ATTY/AGR.2017.227/Devcon Construction inc.