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LICENSE AGREEMENT This License Agreement (the "Agreement") is entered into as of this _ day of , 1997 between Opus Northwest, L.L.C., a Delaware limited liability company (the "Licensee") and .I. M \A P-t E:L. AL~ (the "Licemor"). Recitals and Preliminary Statement of Facts: 1. The Licensor and the City of Roseville (the "City") have entered into an Option Agreement (the "Option") pursuant to which the Licensor has agreed to convey certain property to the City. The Property is described on Exhibit "A" (the "Property"). The City intends to subsequently convey the Property to Licensee. 2. The Licensee has requested the Licensor's pennission to enter upon the Property for purposes of removing certain improvements from the Property prior to acquiring the Property from the City. 3. The parties hereby intend to agree upon the tenns and conditions governing the parties rights and obligations with respect thereto. In consideration of the Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: Covenants: 1. License to Enter. Licensor hereby grants to Licensee a license to enter upon the Property for the purposes set forth herein (the "License"). This License will pennit entry onto the Property at such times as mutually agreed upon by Licensor and Licensee. Licensee's right to enter and perfonn the Work (hereinafter defined) will extend to Licensee's agents, architects, engineers and contractors. The relationship between Licensor and Licensee is not one of Jandlord and tenant but rather one of licensor and licensee. The License created by this Agreement may be revoked by Licensor at any time. 2. The Nature of Work to be Performed. Licensee may, pursuant to this Agreement, locate, seal, remove and dispose of any wells, above ground storage tanks, undexgrouod storage tanks and individual sewage treatment systems located on the Property (collectively, the "Work"). There shall be no grading perfonned on the Property nor shall any trees or bushes be cut by Licensee. 3. Compliance with Law. Rules. ReeuJations and Codes. Licensee shall carry out or cause to be carried out the Work at its sole cost and expense, in an orderly manner so as to avoid unreasonably interfering with or intenupting the nonna! opemtion and quiet enjoyment of the Licensor with respect to the Property, in full compliance with all applicable governmental laws, roles, regulations and codes. Licensee, at its sole cost and expense shall obtain any and all 176055