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03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement
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03-034 - King County - Fort Dent Park Transfer & Indemnification Agreement
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Last modified
12/28/2010 11:41:40 AM
Creation date
10/4/2010 8:59:11 AM
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Interlocal Agreements
Contract No (example 17-139)
03-034
Contractor (example *sabey*)
King County
Description (example *tourism*)
Fort Dent Park Transfer and Indemnification
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native vegetation that may be planted and any flood protection works that may be <br />constructed within the Easement Area, without the prior approval of Grantor <br />Nothing contained herein shall be construed as granting any license, permit or right, <br />otherwise required by law to Grantee with respect to the Property and the Easement <br />Area <br />For the purposes of this river protection easement the term "native vegetation" shall <br />mean vegetation comprised of plant species other than noxious weeds (as identified <br />on the State of Washington noxious weed list found at Washington Administrative <br />Code Chapter 16 -750 as amended from time to time) which are indigenous to the <br />coastal region of the Pacific Northwest and which reasonably could have been <br />expected to naturally occur at the site <br />Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or <br />other action related to the above described exercise of easement rights This river <br />protection easement and /or any flood related works constructed or to be constructed <br />within the Easement Area shall not be construed as granting any rights to any third <br />person or entity or as a guarantee of any protection from flooding or flood damage, <br />and nothing contained herein shall be construed as waiving any immunity to liability <br />granted to Grantor by any state statute including Chapter 86 12 of the Revised Code <br />of Washington or as otherwise granted or provided for by law <br />The rights conditions and provisions of this easement shall inure to the benefit of <br />and be binding upon the heirs executors administrators and successors in interest <br />and assigns of Grantor and Grantee <br />SUBJECT TO THE FOLLOWING COVENANTS WHICH ARE INTENDED TO BE <br />RUNNING COVENANTS BURDENING AND BENEFITING THE PARTIES <br />SUCCESSORS AND ASSIGNS <br />The City as required by RCW 36 89 050, covenants that the Property shall be <br />continued to be used for open space, park, or recreation facility purposes or that <br />other equivalent facilities within the County shall be conveyed to the County in <br />exchange therefore <br />The City covenants that it shall abide by and enforce all terms, conditions and <br />restrictions in King County Resolution 34571 including that the City covenants that <br />the Property will continue to be used for the purposes contemplated by Resolution <br />34571 that the Property shall not be transferred or conveyed except by agreement <br />providing that such lands shall continue to be used for the purposes contemplated by <br />Resolution 34571 and that the Property shall not be converted to a different use <br />unless other equivalent lands and facilities within the County or City shall be received <br />in exchange therefore <br />The City acknowledges that there are outstanding bonds that were used to finance <br />the Property and covenants that it shall not use the Property in a manner that would <br />cause the interest on County bonds related to the Property to no longer be exempt <br />Page 8 of <br />
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