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

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6) City shall indemnify defend and hold harmless County 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 City its officers agents or employees acts, errors or omissions on the Property, both inside and outside the Utility Easement Area, provided however, that City'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 County its elected officials, officers, agents or employees City 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 its agents For this purpose, City, by mutual negotiation hereby waives as respects the County only any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW 7) All right, title, and interest that may be used and enjoyed without interfering with the Reservation of Utility Easement rights are reserved to the City Except as otherwise provided herein and after the date of this agreement, the construction, installation or maintenance of any structures whether temporary or permanent, shall be absolutely prohibited within the above described permanent easement area and shall be deemed an unreasonable interference with County's easement rights unless specifically approved in writing by the County Moreover as to such non approved structures the provisions of paragraph 4 and 5 above shall not apply RESERVED UNTO KING COUNTY WASHINGTON, THE FOLLOWING DESCRIBED EASEMENT ON THE PROPERTY Grantor hereby reserves a permanent river protection easement, which shall be a perpetual easement for the purposes of accessing and constructing, inspecting, monitoring reconstructing maintaining and repairing river bank protection and /or other flood related works including installing inspecting and maintaining all vegetation and any other appurtenances thereto across in under on, over and upon the following portions of the Property* All portions of the Property that are riverward of a line that is parallel to and thirty (30) feet landward of the stable top of the river bank on the Green River "Easement Area as constructed or reconstructed, together with reasonable ingress and egress upon the Property to access the Easement Area Grantor shall have the right at such time as may be necessary and at the Grantor's sole discretion to enter upon the Property and to have unimpeded access to in and through the Easement Area for the purposes of exercising the Grantor's rights as described herein Grantee agrees not to plant non native vegetation within the Easement Area and not to remove or otherwise alter any improvements installed by Grantor, including any Page 7 of