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09901 -0001 /LEGAL 14102970.3 <br />Oe <br />A pprvoc4ki CcL.,,' <br />PEDESTRIAN BRIDGE EASEMENT AGREEMENT 3 <br />THIS PEDESTRIAN BRIDGE EASEMENT AGREEMENT (this "Easement <br />Agreement dated and effective as of this day of 2008, is made by <br />and among the MUSEUM OF FLIGHT FOUNDATION, a Washington non profit <br />corporation (the "Museum the KING COUNTY MUSEUM OF FLIGHT AUTHORITY, <br />a Washington public authority (the "Authority THE CITY OF TUKWILA (the "City <br />a Washington municipal corporation, and KING COUNTY (the "County a Washington <br />municipal corporation. <br />RECITALS: <br />A. The Authority owns certain real property located in the City of Tukwila, <br />County of King, State of Washington, which is more fully described in the legal <br />description attached hereto as Exhibit A (the "Property"). East Marginal Way South runs <br />through the Property and is a major arterial in the City (the "Arterial <br />B. The Authority has leased the Property to the Museum pursuant to that <br />certain Lease Agreement between the Authority and the Museum dated April 30, 1986, as <br />amended (the "Ground Lease for the purpose of developing, managing and operating the <br />Museum of Flight, a first class air and space museum (the "MOF The original term of <br />the Ground Lease is ninety -nine (99) years. The Ground Lease contains one (1) additional <br />ninety -nine (99) year renewal option. The Ground Lease requires that the Authority <br />approve in writing any material improvements to be made to the Property. <br />C. The Museum desires to construct a pedestrian bridge over the Arterial that <br />will provide improved pedestrian access to the MOF buildings on the Property, which are <br />located on both sides of the Arterial, as well as provide improved access for the general <br />public to cross the Arterial (the "Bridge The Museum also desires to construct <br />additional improvements related to the Bridge, which shall be included in the definition of <br />the "Bridge" for the purposes of this Agreement. The Authority granted the Museum <br />permission to construct the Bridge on the Property and to negotiate such easements as may <br />be necessary to access the Bridge and to operate, maintain, and repair the Bridge. <br />D. The airspace over the portion of the Arterial in which the Museum intends <br />to construct the Bridge is owned by the City. The Museum and the City have executed that <br />certain Airspace Lease, pursuant to which the City has granted the Museum use of its <br />airspace for the purpose of constructing and maintaining the Bridge (the "Airspace <br />Lease The initial term of the Airspace Lease is fifteen (15) years. The Airspace Lease <br />contains fifty (50) additional two -year renewal options. <br />E. To construct the Bridge, the State of Washington, King County and private <br />donors granted the Museum funds. The Museum also applied for Federal Transit <br />-2- <br />