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 
Reference Number of Related Document: N/A 
Grantor(s): Port of Seattle 
Grantee(s): City of Seattle 
Abbreviated Legal Description: Ptn of Blk 148, 149, 153, and 159, Seattle Tidelands, City of
Seattle, King County, Washington 
Assessor's Tax Parcel ID Nos. 766620-2055 
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
hereof (hereafter, the "Property"). 
1. This Temporary Construction Easement shall be for the purpose of the right and
privilege of exclusive access to a staging area and access to utility infrastructure on the Property,
for use during construction, and non-exclusive access for ingress and egress and for all other uses
and activities related thereto, to accomplish the West Thomas Street Overpass Project (hereafter,
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
agreed to above, the City agrees to pay the Port a delay fee of Two Hundred Dollars
($200.00) per day for each day the City's work under the Temporary Construction Easement
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is delayed beyond the Termination Date.  This Temporary Construction Easement shall be
binding on the parties, their successors and assigns. 
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
immediately before the Commencement Date of this Temporary Construction Easement. In the
event the City damages the irrigation system currently on the Property, the City agrees that the
Port shall repair/replace said irrigation system and invoice the City for all costs incurred,
including cost of labor, supplies and equipment. The City agrees to reimburse the City for all
such costs within fifteen (15) days of receiving the Port's invoice. Grantor shall own and have
the obligation to maintain all improvements on Grantor's Property upon termination of this
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
to the City's use or occupancy of the Property and of areas adjacent thereto. The City agrees to
defend and to hold and save Grantor harmless from all liability or expenses (including attorneys'
fees, costs, and all expenses of litigation) in connection with any such items of actual or alleged
injury or damage, except when such injury or damage is caused by the sole negligence of
Grantor. Provided that to the extent this Temporary Construction Easement is construed to be
subject to RCW 4.24.115, and where the injury or damage arises from the concurrent negligence
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
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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
instituted. 
6. Grantee shall, at its sole cost and expense, install signage on the Property warning the
public of Park area closures and detours as a result of the City's use of the Property under the
Temporary Construction Easement. Grantee may construct and maintain temporary fences in
those locations on the Property approved by Grantor.
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 100th anniversary.









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THE PORT OF SEATTLE 
a Washington municipal corporation 
By:
Name:  Tay Yoshitani 
Its:      CEO 
Dated:                      , 2011 

STATE OF WASHINGTON ) 
:  
County of King          ) 
On this ____ day of __________________, 2011, before me, the undersigned, a Notary
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. 

Notary Seal 
Notary (print name) 
Notary Public in and for the State of Washington, 
residing at 
My Appointment expires 
Please stay within block. 


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