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Tax Parcel Number 766620-2055

City of Seattle

Department of Transportation

700 Fifth Avenue – Suite 3900

P. O. Box 34996

Seattle, WA 98124-4996

Attn: Larry Huggins

Document Type: Temporary Construction Easement

TEMPORARY CONSTRUCTION EASEMENT

Project: West Thomas Street Overpass

The Grantor, the PORT OF SEATTLE (hereafter “Grantor”), a municipal corporation

organized under the laws of the State of Washington, hereby conveys and grants unto the CITY

OF SEATTLE (hereafter “City”), a municipal corporation of the State of Washington, and its

assigns, a Temporary Construction Easement on 60,117 square feet of real property, more or

less, located in King County, Washington depicted on Exhibit A attached hereto and made a part

the “Project”).

2. The City shall provide Grantor with a minimum of 30 days prior written notice

identifying the commencement date of this Temporary Construction Easement

(“Commencement Date”) and shall, at that time, provide Grantor with a copy of the Project’s

construction schedule. The term of this Temporary Construction Easement shall commence on

the Commencement date, but no sooner than March 1, 2011, and shall automatically terminate

without further action by Grantor or the City on the earlier to occur of: (a) August 31, 2012,

or (b) a date otherwise agreed to in writing by Grantor and the City (“Termination Date”). In

the event the City does not complete the work under the Temporary Construction Easement as

3. This Temporary Construction Easement shall include only the rights described above.

The Grantor, its successors and assigns shall have the right to use the Property in any way and

for any purpose not inconsistent with the rights granted by this Temporary Construction

Easement.

4. The City will accomplish the activities permitted by this Temporary Construction

Easement in a manner in which improvements -existing in the Property will not be disturbed or

destroyed. However, in the event that improvements are disturbed or destroyed, the City shall

restore the existing improvements to a condition reasonably equivalent to their condition

Temporary Construction Easement.

5. Indemnification:

A. Grantor, its Commissioners, officers, employees and agents, shall not be liable

for any injury (including death) to any persons or for damage to any property regardless of how

such injury or damage be caused, sustained or alleged to have been sustained by the City or by

others, including but not limited to all persons directly or indirectly employed by the City, or any

agents, contractors, subcontractors, licensees, or invitees of the City, as a result of any condition

(including existing or future defects in the Property) or occurrence whatsoever related in any way

of Grantor and the City, the City’s indemnity will only extend to its negligence.

B. In any and all claims against Grantor by any employee of the City, its agents,

anyone directly or indirectly employed by either of them, or anyone for whose acts any of them

may be liable, the indemnification obligation of subparagraph A above shall not be limited in any

way by any limitation on the amount or type of damages, compensation benefits payable by or

for the City, or other person under applicable workers' or workmen's compensation, benefit, or

disability laws (including, but not limited to the Industrial insurance laws, Title 51 of the Revised

Code of Washington), it being clearly agreed and understood by the parties hereto that the City

expressly waives any immunity the City might have had under such laws. By executing this

Temporary Construction Easement, the City acknowledges that the foregoing waiver has been

mutually negotiated by the parties.

C. The City shall pay all attorneys' fees and expenses incurred by Grantor in

establishing and enforcing Grantor's rights under this paragraph 5, whether or not suit was

7. Grantee agrees, upon receiving reasonable notice from Grantor, to reduce construction

noise and other interference with Grantor’s special events on the Property in commemoration of

Grantor’s 100

anniversary.

a Washington municipal corporation

By:

Name: Tay Yoshitani

Its: CEO

Public in and for the State of Washington, duly commissioned and sworn, personally appeared

TAY YOSHITANI, to me known to be the CEO of the Port of Seattle, a Washington municipal

corporation, the municipal corporation that executed the within and foregoing instrument, and

acknowledged the said instrument to be the free and voluntary act and deed of said municipal

corporation for the uses and purposes therein mentioned, and on oath stated that he was

authorized to execute said instrument.

GIVEN under my hand and official seal the day and year last above written.