|
Tracking No. 23W-19543
<br /> LICENSE FOR ENVIRONMENTAL ACCESS
<br /> THIS LICENSE FOR ENVIRONMENTAL ACCESS ("License"), is made to be effective
<br /> 2024 (the "Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and HDR
<br /> ENGINEERING, INC., a California corporation ("Licensee").
<br /> In consideration of the mutual covenants contained herein, the parties agree to the following:
<br /> GENERAL
<br /> 1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and
<br /> estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
<br /> encumbrances, and upon the terms and conditions set forth below, to access and use the Premises in strict
<br /> accordance with the Use(s) specified in Section 4 below, across or along Licensor's rail corridor at or near the
<br /> station of Stockton, County of San Joaquin, State of California, Line Segment 7290, Mile Post 1122.19 as shown
<br /> on the attached Drawing No. 89552, dated January 5, 2024, attached hereto as Exhibit "A" and incorporated
<br /> herein by reference (the "Premises").
<br /> 2. Term. This License shall commence on the Effective Date and shall continue for a period of one (1) year, subject
<br /> to prior termination as hereinafter described.
<br /> 3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees,
<br /> licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair, maintenance or
<br /> replacement of such improvements.
<br /> 4. Use of the Premises. Licensee's use of the Premises shall be strictly limited to the work specified in the"Sampling
<br /> and Analysis Plan, prepared by HDR, Inc., on behalf of Port of Stockton, California, dated September 2023 and
<br /> attached hereto as Exhibit "B," (the "Environmental Work"). Performance of the Environmental Work shall be
<br /> conducted in strict conformance with Exhibit B.
<br /> 4.1 No access, use, or work other than as expressly provided in Exhibit B or this Section 4 is permitted without
<br /> the prior written consent and approval of Licensor.
<br /> 4.2 Licensee shall not deviate from the Exhibit B work plan without prior written consent, including but not
<br /> limited to deviations from the (i) means and method of performing the Environmental Work; (ii) sampling
<br /> methods,frequency, sample media, and analysis; (iii)points of access; (iv) health and safety measures; (v)
<br /> waste characterization, handling, management, transportation, and disposal; (vi) pollution prevention; (vii)
<br /> plugging or abandonment of physical features;and(viii)all other requirements and specifications presented
<br /> in Exhibit B. Any such deviations may result in Licensee's immediate removal from the Premises,
<br /> termination of this License, and/or additional legal action against Licensee, including but not limited to
<br /> actions for breach of contract and trespass. If any such deviation causes Licensor to incur costs or
<br /> expenses, Licensee agrees to reimburse Licensor for such costs and expenses and to indemnify Licensor
<br /> for any and all claims related to such deviation.
<br /> 4.3 Future work that is contingent on the findings of the Environmental Work as presented in Exhibit B is not
<br /> permitted without further authorization from Licensor. In the event the results of the Environmental Work
<br /> show further investigation or remedial activity will be required pursuant to applicable state and/or federal
<br /> regulations, Licensee must submit a work plan for such activity to Licensor for approval prior to any such
<br /> work, and must obtain a new or amended license from Licensor to access the Premises and to perform any
<br /> such work.
<br /> 4.4 Licensee warrants that it is conducting the Environmental Work solely to perform a Phase II Environmental
<br /> Site Assessment in support of the Port of Stockton — Rail and Bridge Project located at W Scott Avenue
<br /> and S Fresno Avenue, Stockton, California.
<br /> 5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises or
<br /> permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without
<br /> Licensor's prior written consent.
<br /> Form 427; Rev. 20140815
<br /> - 1 -
<br />
|