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

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3 Protection of Art 3 1 The King County artwork currently located at the site referenced in Section 1 1, which is an untitled carved wooden sculpture, shall remain on site, and shall remain the sole property of King County This Intergovernmental Agreement shall not be construed as conveying ownership of such artwork to the City The City and the County hereby agree at a later date to negotiate a separate long -term agreement for any such artwork, which fully protects and preserves the artwork, respects the legal rights of the artist(s) and assures continuity of care for and continued public access to these assets. Pnor to the execution of such future agreement, the City shall consult with the County prior to undertaking any activity which may impact access to and /or affect any such artwork. 4 Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 4 1 The City has inspected and knows the condition of the Property and agrees to accept the Property in AS IS condition, and to assume -full and complete responsibility for all operations, maintenance, repairs, improvements of, and provision of recreational services at, the Property 4.2 King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of King County is authonzed otherwise 4.3 The City acknowledges and agrees that except as indicated in paragraph 5.2, the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County 5. Environmental Liability 5 1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5.2 Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County during the County's period of ownership The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property 4