5d Attach 2

Exhibit B

Release

[See attached]




















34521741

RELEASE OF ALL CLAIMS

1.  This Release is executed by James Terrile, President, on behalf of R.S.T. Enterprises, lnc.
("R.S.T.") and Manager of Nick Properties, LLC, ("Nick Properties") in favor of the Port of Seattle.
The Property that is the subject of this Release consists of certain real property located at

15416-15446 Des Moines Memorial Drive, in SeaTac, King County, Washington, consisting of
four tax parcels,20234-9125, 9229, 9234, and 9110, legally described at exhibits A-1, A-2, A-3,
and A-4 of that certain Purchase and Sale Agreement between R.S.T./Nick Properties and the
Port, as well as appurtenances and improvements on said parcels.

2.  Effective upon closing of the purchase and sale of the above-referenced Property, R.S.T.
Enterprises/Nick Properties hereby fully and unconditionally releases and forever discharges the
Port of Seattle, the Port's Commissioners, employees, agents, assigns and successors, from any
and all claims, demands, causes of action, suits, damages, losses, costs or expenses (collectively
"Claims"), known or unknown, asserted or unasserted, past, present or future arising out of,
resulting from, or in any way related to, the Property, including, without limitation: (a) the Port's
wetland mitigation activities related to the Port's Third Runway Project; (b) any issues outlined
in the Cherry Creek Environmental Report dated May 6, 2008 and attached and incorporated by
reference in this Release; (c) any alleged failure of duty with respect to the drain pipe allegedly
located on Port property; and (d) flooding or drainage issues.

3.  R.S.T./Nick Properties acknowledges that the purchase price of $1,238,000.00 is based on the
fair market value of the Property and receipt of said purchase price constitutes sufficient

consideration for this Release and a full accord, satisfaction and settlement of R.S.T./Nick
Properties's claims as provided in this Release.

4.  R.S.T./Nick Properties further acknowledges that payment of the purchase price for the Property

is not to be construed as an admission of liability on the part of the Port, by whom liability is
expressly denied.

5.  R.S.T./Nick Properties represents and warrants that it has the sole right to the Claims which are
the subject of this Release and that it has not bargained, sold, assigned or otherwise conveyed

any such right, in whole or in part, to any third party.

6.  R.S.T./Nick Properties covenants that it will not sue on, nor commence any proceedings relating

to any matter that is released by this Release, and that it will withdraw and discharge any
pending claims with prejudice and without claim for costs or attorney fees from any party.

7.  This Release is binding on R.S.T./Nick Properties' directors, officers, managers, employees,
agents, successors and assigns.


3452174.1

8.  R.S.T./Nick Properties warrants that if after the Release is effective, a director, officer, manager,
employee, agent, successor, assign of R.S.T./Nick Properties or a former tenant on the Property
related to that former tenant's lease with R.S.T./Nick Properties, makes a demand or takes an

action relating to any matter that is released by this Release, R.S.T. will hold harmless, defend

with attorneys chosen by the Port, and indemnify the Port from any and all liability, liens,
damages, losses and expenses (including attorney's fees and costs) arising out of such claim,
demand or action.


9.  This Release is governed by the laws of Washington.

10. The undersigned hereby declares that he has read and understands the terms of this Release,
has legal authority to execute this Release and executes this Release after consultation with the
undersigned's attorney.

DATED this    day of        2012.
,

R.S.T. Enterprises, lnc., a Washington Corporation         Nick Properties, LLC, a Washington
limited liability company



James Terrile, President                                James Terrile, Manager

STATE OF WASHINGTON)
) ss.
COUNTY OF KING )


I certify that I know or have satisfactory evidence that James Terrile is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the President of R.S.T. Enterprises, Inc.
and Manager of Nick Properties, LLC to be the free and voluntary act of such parties for the uses and

purposes mentioned in the instrument.

SUBSCRIBED AND SWORN to before me this        day of               2012.
,

Notary Public
Print Name:
My commission expires:



3452174.1

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