Planning 2018-03-08 Item 4 - 13310 Interurban Avenue South Design Review and Variance - Attachment F: Applicant Lease Agreement with Seattle City Light

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Premises and to maintain at least a 15 foot vertical clearance from power lines. Permittee further agrees not to place signs or any material or objects whatsoever against any transmission line, tower, or pole. 16. Protection of Citv Facilities. Permittee agrees to install and maintain protection such as guard posts or ecology blocks for the protection of electrical transmission line poles/towers located on said property in a manner approved by the CEO and General Manager of Seattle City Light or his/her representative. 17. Warning Signs. The City reserves the right to require the Permittee to place signs or other warning devices of hazards if any governmental agency or the City determines such hazards exist. 18. Laws and Regulations, The Permittee agrees to comply with all Federal, State and local electrical safety laws and regulations. 19. Indemnification and Insurance. a) Permittee agrees to indemnify and hold harmless The City of Seattle from all claims, actions or damages of every kind and description, including all claims, actions or damages brought by Permittee's employees, contractors, agents, representatives, tenants, or invitees, which may accrue from or be suffered by reason of Permittee's use of the Premises, the performance of any work in connection with such use, or Permittee's breach of any of its obligations under this Permit. In case of any suit or action brought against the City arising out of or by reason of any of the above causes, Permittee shall, upon notice to Permittee of the commencement of such action, defend the same at no cost or expense to the City, and Permittee will fully satisfy any judgment rendered in said action adversely to the City, except to the extent of the negligence or willful misconduct of the City, its agents or representatives. By this indemnity provision, the Permittee expressly waives any immunity its businesses may have from claims by its businesses' employees under any workers' compensation or industrial insurance law arising out of workplace injuries, as defined under RCW 51.24.030, in connection with Permittee's use of the Premises. b. The Permittee shall obtain and maintain continuously for the term of this Permit, at its own expense, an occurrence form Commercial General Liability insurance policy covering the use of the property by the Permittee. Minimum limit of liability shall be $2,000,000 each occurrence combined single limit bodily injury and property damage. Such insurance shall include "the City of Seattle" as an additional insured for primary and non-contributory limits of liability , and shall not canceled unless no less than thirty (30) days prior written notice is provided to the City, except ten (10) days notice with respect to cancellation for non-payment of premium. Failure to maintain required insurance shall be considered a material breach of contract, subject to the remedies laid out in Paragraph 25 below. The permittee shall send certification of insurance meeting the minimum coverages, limits and terms as specified above to: Seattle City Light, Real Estate Services 700 Fifth Avenue, Room 3325 P.O. Box 34023 Seattle, Washington 98124-4023 Such certification shall include an actual copy of the policy provision(s) documenting that "The City of Seattle" is an additional insured for primary and non- contributory limits of liability. 20. Inspection. The CEO and General Manager of City Light, or his representatives, shall have the right at all times to inspect said Premises for the purpose of observing the conditions thereof, and the manner of compliance by the Permittee with the terms and conditions of this Permit. 61