08-048 - Museum of Flight / King County - Pedestrian Bridge Easement

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Administration funds through the County (the "FTA Funds In 2005, the County received the FTA Funds. The County and the Museum entered into that certain Museum of Flight Pedestrian Bridge and Other Transportation Facilities 2006 Funding Agreement dated December 29, 2006, in part, to memorialize the terms under which the County would administer and the Museum would use the FTA Funds (the "Funding Agreement F. The Funding Agreement requires, among other things, that the County maintain "satisfactory continuing control" of the Bridge for its useful life to ensure the right of access to and use by the public of all or a portion of the Bridge. In order to satisfy such requirement, the Museum, the Authority, and the City desire to grant to the County and the Public certain easements on, over and through their respective property interests in and to the Bridge. G. The Museum, the Authority, the City and the County (together, the "Parties now desire to enter into this Easement Agreement in order to more fully describe the terms and conditions under which the Museum, the Authority and the City will grant easements to the County for the use and, in the circumstances provided below, the operation, maintenance, repair and replacement of the Bridge, and to the Public for use of the Bridge. 1. Construction of the Bridge AGREEMENT: The Museum shall design and construct the Bridge in accordance with the Funding Agreement and the conceptual plan attached hereto as Exhibit B and all applicable laws, building permits and other approvals. A portion of the cost of designing and constructing the Bridge will be paid for in accordance with the Funding Agreement. 2. Grant of Easements from the Museum 2.1 County Easement The Museum hereby grants, conveys and quitclaims to the County, for its benefit and the benefit of its elected officials, employees, agents and contractors, a non- exclusive easement on, over and across (a) the Bridge and the portions of the Property on which the Bridge is located, (b) such limited portions of the Property immediately adjacent to the Bridge as may be necessary for use by the County in operating and maintaining, repairing and replacing the Bridge as provided below, and (c) the stairs, ramps, elevators, sidewalks and other paved pathways located on the Property that provide direct access to the Bridge from the public sidewalks that adjoin the Arterial; provided, however, that the easement area shall not include landscaped areas surrounding the portions of the Property on which the Bridge is located or portions of the Property not necessary for direct access to 09901 -0001 /LEGAL 14102970.3 3