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CITY OF MOSCOW, IDAHO LICENSE TO CONSTRUCT, ACCESS AND MAINTAIN MONITORJNG WELL The City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter "CITY") whose address is 206 East Third Street, Moscow, Idaho 83843, in consideration of the covenants herein contained hereby licenses and permits Budget Oil, Inc., whose address is North 111 Green Street, Spokane, Washington 99202, a Washington corporation (hereinafter LICENSEE) to construct, have access to, and maintain two water quality monitoring wells on property owned by the CITY (hereinafter "Premises") and more specifically described as follows: The monitoring wells shall be placed on the Premises in the approximate locations described in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference. The exact location of such well shall be authorized by the City Engineer prior to drilling of said well. Subject to the following terms, conditions and provisions: All work of construction and maintenance of said monitoring wells shall be done in a workmanlike manner to be approved by the City Engineer. 1. PURPOSE. When in the opinion of the City Engineer it becomes necessary or advisable to require additional work, changes of location, or removal of said monitoring wells as a matter of safety and/ or of appearances and on account of the development of the railroad right of way for an appropriate interim trail use, change of grade or for any reason connected with the operation or use of the former railroad right of way, the CITY shall have the right upon giving sixty (60) days written notice to LICENSEE to cause such changes to be made. Any changes required by the CITY as authorized herein shall be performed at the sole expense of LICENSEE. 2. COMPLIANCE WITH LAW. LICENSEE shall comply with all Federal, State and Local laws, Ordinances, and Regulations governing construction, maintenance, decommissioning and abandoning of the monitoring wells and agrees to defend, indemnify and hold harmless CITY from all claim of loss, damage, penalties, cost or judgments which may be assessed against or recovered from CITY on the account of or in any matter arising out of or related to violation of such laws, ordinances and regulations. 3. PREMISES TO BE MAINTAINED. LICENSEE shall not permit the accumulation of any material or refuse or discharge upon or adjacent to the Premises during the term of this license and shall, at all times keep the Premises surrounding said monitoring well in a clean and sanitary condition subject to the approval of the Parks and Recreation Director of the City of Moscow. 4. LICENSEE'S USE NOT EXCLUSIVE. CITY reserves the right to maintain the Premises and all existing facilities and permit construction of additional facilities, structures, trail, appurtenances, fixtures or the like on the Premises for the benefit of Agreement\License-monitoring well\tb Page I of 4 98-50 ---PAGE BREAK--- or for the purpose of serving the CITY and/ or its citizens and also reserves its right to enter upon said Premises for the purpose of said such construction, reconstruction, repair, operation, relocation or removal of said CITY facilities. 5. LICENSEE TO BEAR COSTS. LICENSEE shall bear the entire expense incurred in connection with the construction, maintenance, renewal, removal, abandonment, etc. . . of the monitoring wells including all expense incurred in connection with supervision, inspection, or other wise by CITY, State of Idaho, or any federal agency, and all work performed and materials used in connection therewith within the Premises. Direction, supervision, consultation or approval of work by LICENSEE or its representatives, agents, contractors and the like shall not operate to relieve LlCENSEE, in whole or in part, from responsibility from safe and adequate construction, maintenance and operation of the monitoring wells in accordance with this license and permit. 6. ACCESS AND DAMAGE. LICENSEE shall have access over and across the Premises and the adjoining property of the CITY for the purpose of the installation, repair and maintenance of monitoring wells, provided LICENSEE repairs damages or compensate CITY for any damage to said properties as a result of such access and repair and maintenance. 7. GRANTOR'S USE OF THE PROPERTY. CITY reserves the right to the use and enjoyment of the Premises. 8. INDEMNITY. LICENSEE agrees to defend, indemnify and hold harmless CITY from any and all claims for damages suffered by CITY during the drilling, installation, ope.ration, maintenance, repair, inspection, and removal of monitoring wells including CITY'S agents, guests and employees wh1ch may be caused by LICENSEE'S negligence in the exercise of the rights herein granted, provided, that LICENSE shall not be responsible to CITY or CITY'S agents, guests or employees for any damages or injury to a person or property caused by acts or omissions of CITY, including CITY'S agents, guests, or invitees. 9. SUCCESSORS AND ASSIGNS. The rights and obligations of the parties shall be for the benefit of and be binding upon CITY'S and LICENSEE'S respective successors, heirs and assigns. 10. DRILLING. LICENSEE agrees to use best construction and management practices during the drilling of the monitoring well. LICENSEE agrees that management and disposal of drilling fluids shall comply with all applicable City of Moscow, State of Idaho, and federal water quality codes, ordinances and requirements. ll.DECOMMISSIONING AND ABANDONMENT OF FACILITIES. It is further understood and agreed that when the aforementioned monitoring wells are decommissioned and abandoned such action will be taken in compliance with all applicable city and state codes and regulations, including but not limited to regulations contained in Idaho Administrative procedures Act (IDAPA) 37, Title 03, Agreement\License-monitoring well\tb Page 2 of4 ---PAGE BREAK--- Chapter 09 pertaining to well abandonment. Notwithstanding the foregoing, at City's sole option, and consent, the monitoring well may be left "as is" provided that all structures, equipment and appurtenances above a depth of 18 inches shall be removed and the property shall be left in a reasonable condition. 12. This license and permit is granted subject to permits, leases and licenses, if any, heretofore granted to CITY of which affects Premises upon which the monitoring well is to be located. 13. LICENSEE shall not assign this license and permit without the prior written consent of CITY. 14.This license and permit includes permission of LICENSEE, its agents, employees, heirs and assigns to enter onto the premises described herein during the term of thts license. DATED this day of October, 1998. Ron Arn{ac'ost, President Attest: Corporate Secretary Agreement\License-monitoring well\tb Page 3 of4 ---PAGE BREAK--- STATE OF IfM:HO ) ) ss COUNTY OF S P OPQ zl ) On this :2 'day of 1998, before me, the undersigned, a Notary in and for said State, personally appeared Ron Armacost in his official capacity as President of Budget Oil, Inc., whose name is subscribed to the foregoing and acknowledged to me that he executed the same having the full authority of said Corporation to do so. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. ) ss ) On this hday of 1998, befoe me, the undersigned, a Notary in and for said State, personally appeared ci; f0<;i in his/her official capacity as Corporate Secretary of Budget Oil, Inc., whose name is subscribed to the foregoing and acknowledged to me that he/ she executed the same having the full authority of said Corporation to do so. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Agreement\License-monitoring well\tb Page 4 of4 ---PAGE BREAK--- MAXIM MAXIM Technologies, Inc. TICHNOLOGIES INC October 199& Mr. Randy Fite City of Moscow P.O. Box 9203 Moscow, Idaho 83843·1703 Re: License to Construct, Access and Maintain Monitoring Well Dear Mr. Fife: PO Bot 1117 Bnise. Idaho 831(17 Toi,.l>onM !2081l8N11l30 12ll81 389· I 133 PP.LTR 9851244.!00 On October 6, 1998 the City of Moscow mailed Maxim Technologies the above referenced document for con.struction of two groundwater monitoring wells. Maxim intends to construct tbc wells for our client, Budget Oil, [nc. Budget Oil owns the Zip Trip No. 9 service station, located at 1436 Moscow Pullman Highway. As the site owner, Budget Oil, fnc. is the appropriate licensee for tbe agreement. Please amend the permit to replace references of Maxim Technologies, Inc. with tbe following information: Budget Oil, Inc. North 111 Green Street Spokane, Washington 99202 President: Mr. Ron Annacost Telephone: (509) 535-7701 If you have any questions concerning this submittal, please contact our office. Sincerely, Paul T. Spillers Project Scientist PTS/pp cc: Mr. Ron Annacost ''Providing Cost-Effective Solutions to Clients Nationwide" 'fl 86,9T DO £8TT68£so<::ar S3I90lONHJ31 WIX]W