HomeMy WebLinkAbout2025, Real Property Use & Hold Harmless License Agreement, Port of SeattleREAL PROPERTY USE AND HOLD HARMLESS LICENSE AGREEMENT
This Real Property License Agreement (“Agreement”), dated _________________, is by and
between The City of Auburn, a Washington municipal corporation (“City”), and The Port of
Seattle, a Washington Port District authorized under RCW title 53 (“Port”).
The City owns real property, King County parcel # 030140-2410 in Auburn, Washington (the
“Property”) and the Port wants to use the Property for the purpose of access and uses related to
tree and other vegetation trimming on neighboring property owned by the Port.
For a non-refundable fee of ZERO DOLLARS ($0), the City hereby grants to Port a non-exclusive
right to occupy and use the Property depicted for the purpose set forth above during the term set
forth below. The Parties reserve the right to extend the Expiration Date upon mutual written
agreement. If the Parties agree in writing to extend the below Expiration Date.
The term of this Agreement shall begin on __________________ (the “Commencement Date”),
and expire at midnight on ___________________ (the “Expiration Date”). If Port uses the
Property for any purpose or activity not authorized by this Agreement, or otherwise breaches any
covenant in this Agreement, this Agreement and all Port’s rights under it shall terminate
immediately.
Port agrees to implement necessary safety precautions, which may include, but not be limited to,
closing of the trail in and around the work area and implementing procedures, which may include,
but not be limited to using temporary signage to inform pedestrians of hazards or trails closure.
Port shall not cause any waste, damage, or destruction to occur on the Property, its improvements,
or surrounding private properties, and upon termination or expiration of this Agreement, Port at its
sole cost and expense, shall restore any Port-caused damage or alterations to the Property or its
improvements to its condition existing on the Commencement Date. Without limiting the
foregoing, Port specifically agrees not to allow the discharge or deposit of any toxic or hazardous
materials, or any petroleum products onto the Property in connection with Port’s activities.
Port assumes all risks and liabilities arising out of use of the Property by Port or by Port’s
employees, agents, representatives, guests, or invitees.
Port covenants and agrees that the City shall not at any time or to any extent whatsoever be liable,
responsible, or held accountable for any of the following that in any way arise out of the Property’s
use or occupation by Port or by Port’s employees, agents, representatives, guests or invitees:
(a) except to the extent resulting from the negligence of the City or its employees, agents or
contractors, any personal injury (including death), or any property damage to any person (including
to Port’s employees, agents, representatives, guests, or invitees); (b) any costs associated with
Port’s activities under this Agreement; or (c) the existence, discharge or emission of toxic or
hazardous materials or substances introduced to the Property by the Port or its employees, agents or
contractors.
Port agrees that except for injuries and damages resulting from the negligence of the City or its
employees, agents or contractors, that Port will indemnify, hold the City harmless and, at the City’s
option, defend the City, its officers, agents, employees, successors and assigns from and against
any and all suits, actions, legal proceedings, claims, demands, and expenses (including attorneys’
June 20, 2025
June 16, 2025
Docusign Envelope ID: 1086DCA7-53E5-4FD5-B307-47A67E60C8F0
5/29/2025
Docusign Envelope ID: 1086DCA7-53E5-4FD5-B307-47A67E60C8F0Mayor