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<br />ATTY/AGR/2022.014/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />5 <br />5. Developer Temporary License Agreement for City Remainder. Concurrently <br />herewith, City and Developer shall execute the Temporary Construction License Agreement with <br />respect to the City Remainder in the form attached hereto as Exhibit D-1 (“Developer - City <br />Remainder Temporary License”), for the purpose of allowing Developer to (i) install and use <br />the Temporary Access Roadway on specified portions of the City Remainder, and (ii) use a portion <br />of the City Remainder for specified construction staging-related uses, all as described in the <br />Developer City Remainder Temporary License. <br />6. County Temporary License Agreement for City Remainder. Concurrently <br />herewith, City and County shall execute the Temporary Construction License Agreement with <br />respect to the City Remainder in the form attached hereto as Exhibit D-2 (“County - City <br />Remainder Temporary License”), for the purpose of allowing County to (i) use the Temporary <br />Access Roadway, and (ii) use a portion of the City Remainder for specified [construction staging- <br />related uses, all as described in the County City Remainder Temporary License]. The County <br />City - Remainder Temporary License will also authorize the City to use the Temporary Access <br />Roadway on the City Parcel as provided in the Developer - City Parcel Temporary License. <br />7. Demolition Agreement. Concurrently herewith, City, County and Developer shall <br />execute the Demolition Agreement in the form attached hereto as Exhibit E (“Demolition <br />Agreement”), setting forth the terms under which Developer will demolish all buildings and <br />improvements on the County Property in exchange for City and County’s agreement to pay a pro <br />rata share of the costs of such demolition work all as set forth in the Demolition Agreement. <br />8. Amended and Restated 1402 Maple License. Concurrently herewith, City and <br />County shall execute the Amended and Restated License Agreement for the 1402 Maple Property <br />in the form attached hereto as Exhibit F (“1402 Maple License”), setting forth the terms under <br />which City may continue using the 1402 Maple Property. <br />9. 1402 Sublicense. Concurrently herewith, County and Developer shall execute the <br />1402 Maple Street Sublicense (County/Developer) in the form attached hereto as Exhibit F-1 <br />(“1402 Maple Sublicense”), setting forth the terms under which Developer may sublicense the <br />installed facilities for a limited term. <br />10. All Agreements Required. The Parties agree that none of the nine agreements <br />specified in Sections 1 through 9 above shall be effective unless and until all ten have been fully <br />executed and have become final and effective. <br />11. Other Agreements not Represented by Separate Documents. Subject to all nine <br />of the agreements specified in Sections 1 through 9 above becoming final and effective, <br />a. City County Agreements Regarding County Property Environmental <br />Abatement, and Abatement and Demolition Costs. <br />i. As generally described in the Demolition Agreement, County agrees <br />to pay up to a total of $400,000 towards (i) abating various hazardous substances within the <br />structures to be demolished (as further described therein, “Abatement Work”), and (ii) <br />Developer’s demolition of all buildings and improvements on the entirety of the County Property