10-074 - King County Flood Control Zone District (KCFCZD) - Purchase and Sale of Easement (Tukwila 205 Levee)

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All cost and expense of work undertaken at the subject property by or at the behest of Grantees, for the Flood Protection Levee or otherwise (the "Work shall be paid and borne exclusively by Grantees. Grantees shall keep Grantor's lands free and clear from any and all liens of whatever nature arising out of any Work performed, materials furnished and /or obligations incurred by, on behalf of, or under the direction of, Grantees. Grantees further agree to indemnify and defend Grantor and Grantor at Grantees' sole cost and expense, from and against any and all liabilities, actions and/or costs of suit arising in connection with any such lien, including but not limited to, attorney's fees and court costs. Grantees shall not cause any disruptions to the normal business activities on Grantor's property (including access to said property from public streets as well as access to all entrances of the buildings and parking located on said property) during the course of all Work, provided that temporary disruptions of fifteen (15) minutes or less shall be permitted to the extent necessary for the performance of Grantor's Work. In addition, Grantee shall promptly repair and restore all landscaping and surface improvements disturbed or removed by Grantee in the course of the Work, all without cost or expense to Grantor but subject to U.S. Army Corps of Engineers levee standards for operation and maintenance. Grantees agree to take, or require their contractors and agents to take, all necessary and appropriate measures (including erection of a hurricane fence or other barrier to secure the Temporary Work Area Easement) to ensure the safety of persons engaged in the Work and all of Grantor's employees, customers, agents, licensees and invitees using Grantor's lands during the performance of the Work. Materials and equipment for the Work shall not be left strewn on Grantor's lands, but shall be piled, to the extent practicable, on the Temporary Work Area Easement. Grantees shall not permit their contractors or subcontractors to post any advertising on Grantor's lands. Grantor(s) shall have the right to place locked bollards within the Flood Protection Levee Easement and Road Access Easement (collectively the "Perpetual Easements but not on the levee structure itself, so long as the Grantee(s) are provided a key or combination to access the Perpetual Easements. Notwithstanding the foregoing, Grantee shall not place any locked bollards (or any other improvements) which would block or interfere with accessing the existing entrance to the building located on the parcel identified as 3623049079 on the map attached hereto as Exhibit E. Except during emergencies, Grantee(s) shall give notice to the Grantor(s) prior to any use of the Perpetual Easements for the use, operation or hauling of heavy equipment, including, but not limited to, dump trucks, excavators and bulldozers. Nothing in this grant shall be deemed to be a grant of access to the general public or for recreational uses. The scope of this grant is expressly limited to the Grantee(s), their employees and contractors, for the limited purposes described in this Easement. Wells Fargo/Tukwila/King County Final 10 6/29/2010