Agmt22 1548 Maple, LLC Developer City Remainder

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Page 3 of 8 ATTY/AGR/2022.014.05/TRI-PARTY AGREEMENT REV: 01-25-2022 VR (b) The Developer City Remainder Roadway License shall be subject to the City and County’s rights to use the Temporary Roadway, including the right of ingress and egress for invitees to the Pump Station, Existing County Shelter, Police Station (but not the general public), all as further described in this License and the County - City Remainder License. (c) Owner further hereby grants to Developer, its employees, consultants, representatives and contractors, an exclusive temporary license (“Temporary Construction License”), over the Developer City Remainder Laydown License Area, solely for temporary construction-related vehicle parking, laydown storage and staging in connection with Developer’s construction of the Project and the Blomquist Extension. (d) The Roadway Work and Temporary Construction License activities are collectively referred to as the “Developer Activities”. Developer agrees that, without the written consent of the Owner, Developer shall not enter onto or conduct any activities on any portion of the Temporary License Area except as permitted by this License, and other agreements as may be entered into by Owner and Developer. 2.License Terms. (a) This License shall become effective on the Exchange Closing (“Effective Date”), and, unless sooner terminated by Owner following a default by Developer: (i)The City Remainder Roadway License shall terminate on the sooner of (i) Developer’s completion of utility installations between the BIAC and the County Shelter and providing an acceptable alternative access roadway within the Maple Street right of way between those two locations or (ii) July 1, 2025 (the “City Remainder Roadway License Term”); and (ii) The Temporary Construction License shall end of (i) the date indicated in a written notice from Developer that Developer no longer desires to use the Developer City Remainder Laydown License Area, and that the Temporary Construction License term will end on such date, or (ii) July 1, 2025 (the “Temporary Construction License Term”and, together with the City Remainder Roadway License Term, the “Term”). (b) Prior to expiration of the City Remainder Roadway License Term or Temporary Construction License Term, Developer shall remove all gravel (if requested by Owner), vehicles, equipment, materials, fencing, debris and other items brought by Developer or any Developer Parties (defined below) onto the City Remainder Roadway License Area or Developer City Remainder Laydown License Area, as applicable, and restore such area to substantially the condition existing at the commencement of the Term, reasonable wear and tear (if any), the roadway improvements (except for any gravel requested to be removed) excepted. (c) Without limiting the foregoing, prior to expiration of the City Remainder Roadway License Term or Temporary Construction License Term, Developer shall remove all Hazardous Substances (as defined below), if any, brought onto the City Remainder Roadway License Area or Developer City Remainder Laydown