03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement

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Thence North 67 °11 02 West 29 91 feet to a point on the centerline of the Green River Bridge projected Southerly, Thence Northerly along said projected centerline 10 feet, more or less to the Green River and the terminus of said line Together with a strip of land 20 feet in width, the centerline of which is described as follows Beginning at a point South 55 °40'54 West 25 feet from the above described Point A Thence South 55 °40'54 West 400 feet; Also together with a strip of land 20 feet in width the centerline of which is described as follows Beginning at a point South 22 °11'02" East 25 feet from the above described Point B" Thence South 22 °11 02 East 40 feet 2) The Utility Easement being granted herein is for the purpose of installing constructing operating, maintaining removing, re- constructing, repairing replacing and using sewer pipeline pipelines re- claimed water lines or other transmission or conveyance lines including but not limited to communication lines or devices and optic lines with all connections manholes and appurtenances thereto (hereinafter collectively referred to as "facilities within the Utility Easement Area, together with the right of ingress to and egress from said described property for the foregoing purposes 3) The term of the utility easement shall be perpetual and shall be appurtenant to, be binding upon and run with the Property 4) County shall if the above described Property is disturbed by the maintenance removal repair or replacement of the facilities specified herein restore the surface of the above described Property as nearly as possible to the condition in which it existed at the commencement of said maintenance removal, repair or replacement 5) County shall indemnify, defend and hold harmless City, its elected officials staff officers agents and employees, from and against any and all claims actions suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense and costs on appeal thereof, for injuries sickness or death of persons or damage to property, which is caused by or arises out of said County its officers, agents, or employees' errors or omissions in the performance of activities related to this easement, provided however that County's obligation to indemnify defend and hold harmless shall not extend to injuries sickness death or damage caused by or resulting from the sole negligence of City its elected officials officers agents or employees County agrees that it's obligations under this paragraph extend to any claim demand, and /or cause of action brought by or on behalf of any of it's employees, or agents For this purpose, County by mutual negotiation hereby waives as respects the City only any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW Page 6 of