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<br />Page 3 of 8 <br />ATTY/AGR/2022.014.04/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />avoidance of doubt, the Developer City Parcel Roadway License includes the right to permit <br />SVCW’s invitees to the Pump Station to access the Pump Station. <br />(b) The Developer City Parcel Roadway License shall be subject to the County’s rights to perform <br />preparatory and other work related to the Navigation Center (“County Work”), and the City and <br />County’s rights to use the Temporary Roadway, including the right of ingress and egress for <br />invitees to the Pump Station, Existing County Shelter, Police Station (but not the general public), <br />all as further described in this License and the Developer - City Remainder Roadway License. <br />(c) The Roadway Work and Public Services Improvements work under the Encroachment Permit are <br />collectively referred to as the “Developer Activities”. Developer agrees that, without the written <br />consent of the Owner, Developer shall not enter onto or conduct any activities on any portion of <br />the Temporary License Area except as permitted by this License, the Encroachment Permit, and <br />other agreements as may be entered into by City or Owner and Developer. <br />2. License Terms. <br />(a) This License shall become effective on the Exchange Closing (“Effective Date”), and, unless <br />sooner terminated by Owner following a default by Developer, the City Parcel Roadway License <br />shall terminate on the sooner of (i) Developer’s completion of utility installations between the <br />BIAC and the County Shelter and providing an acceptable alternative access roadway within the <br />Maple Street right of way between those two locations or (ii) July 1, 2025 (the “City Parcel <br />Roadway License Term”). <br />(b) Prior to expiration of the City Parcel Roadway License Term, Developer shall remove all gravel (if <br />requested by Owner), vehicles, equipment, materials, fencing, debris and other items brought <br />onto the City Parcel Roadway License Area by Developer or any Developer Parties (defined <br />below), and restore such area to substantially the condition existing at the commencement of <br />the City Parcel Roadway License Term, reasonable wear and tear (if any), the roadway <br />improvements (except for any gravel requested to be removed) and all Soil Work pursuant to the <br />Soil Importation Agreement within the City Parcel Roadway License Area excepted. <br />(c) Without limiting the foregoing, prior to expiration of the City Parcel Roadway License Term, <br />Developer shall remove all Hazardous Substances (as defined below), if any, brought onto the <br />City Parcel by Developer or any Developer Parties, and shall dispose of all such items in <br />accordance with applicable laws. <br />3. Compliance with Laws; Hazardous Substances; Permits. Developer shall conduct all Developer Activities <br />in compliance with all applicable Federal, State and municipal statutes and ordinances, and with all <br />applicable regulations, orders and directives of appropriate governmental agencies, including without <br />limitation those relating to dust control and (as applicable) the transportation, storage, use and disposal <br />of Hazardous Substances. Developer shall obtain all (if any) permits required for the Developer Activities <br />on the Temporary License Area or applicable portion thereof. <br />4. Other Requirements. <br />(a) Fencing. During the Term, Developer or its contactors shall install and maintain temporary <br />fencing around the perimeter of the City Parcel (other than the side bordering the City <br />Remainder Property and the egress point of the Temporary Road).