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<br />Property is a part of the real property described on Exhibit B <br />attached hereto and incorporated herein by this reference ("Area <br />1-2"). Area 1-2 is also owned by Licensor. <br /> <br />E. The city is required to perform the mitigation and <br />restoration work described on Exhibit C attached hereto and <br />incorporated herein by this reference ("Mitigation Work") on the <br />Property pursuant to the Mitigation Plan and the Corps Permit and <br />as required by the Certification. Ryland will be performing <br />portions of the Mitigation Work on the Property for the City. <br /> <br />F. Licensees desire access to the Property for the sole <br />and limited purposes of developing and installing the Mitigation <br />Work on the Property and thereafter maintaining the Mitigation <br />Work on the Property, all in accordance with the Mitigation Plan <br />and subject to the terms and conditions set forth in this <br />Agreement. Licensor is willing to grant to Licensees a license <br />to enter upon the Property to develop and install and thereafter <br />repair and maintain the Mitigation Work, subject to the terms and <br />conditions set forth in this Agreement. <br /> <br />NOW, THEREFORE, for valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, Licensor and <br />Licensees hereby agrees as follows: <br /> <br />1. Grant of License. Subject to Licensees (i) satisfying <br />all of the Conditions Precedent (as defined in and set forth in <br />Section 3 below) prior to undertaking any portion of the <br />Mitigation Work, (ii) performing all of the Covenants (as defined <br />in and set forth in Section 4 below) at all times while <br />performing and maintaining the Mitigation Work and (iii) <br />satisfying all of the Conditions Subsequent (as defined in and <br />set forth in Section 5 below) following completion of the <br />development and installation of the Mitigation Work, Licensor <br />hereby grants to Licensees a non-exclusive license for Licensees <br />and their respective Contractors (as defined in Section 3.2 <br />below), agents, consultants, representatives, design <br />professionals, engineers, architects, contractors, <br />subcontractors, suppliers and materialmen (collectively, the <br />"Licensee Group") to enter upon and use the Property solely for <br />the purpose of developing and installing, at Licensees' sole cost <br />and expense, the Mitigation Work within the Property, and <br />thereafter maintaining and repairing the Mitigation Work, which <br />license shall be terminable in accordance with the terms and <br />conditions of this Agreement. Licensees hereby acknowledge and <br />agree that the license herein granted is limited to the <br />performance of the Mitigation Work solely on the Property and <br />that no license is granted for the performance of any other work <br /> <br />E:\RE\70140\O62\LICENSE4.WPD <br /> <br />2 <br />