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

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INDEMNIFICATION AGREEMENT RECITALS t.ick 403 -CZ32i- THIS INDEMNIFICATION AGREEMENT "Agreement is made this 2 day of 2003!by and between the city of Tukwila "Tukwila as mdemmtor and King my "the ounty as indemnitee. The County entered into a an Agreement with the State of Washington Department of Natural Resources "State DNR for an Easement for the use of certain state -owned shorelands dated June 19, 1974 (the "Easement within what is now Fort Dent Park. (the "Park A copy of the Easement is attached hereto as Exhibit A. The Park is within the corporate boundanes of Tukwila. By an Intergovernmental Land Transfer A eement Between King County and the City of Tukwila that was fully executed as of 0 OZI13 (the "Transfer Agreement, the County and Tukwila agreed to the transfer of the Park to Tukwila. The County and Tukwila wish to assign the Easement to Tukwila. The State of Washington (the "State is willing to consent to such an assignment, but requires that the County remain legally responsible to the State under the Easement until a new Easement agreement is executed between Tukwila and the State of Washington. The County and Tukwila agree that Tukwila should assume responsibility under the Easement. The County and Tukwila wish to proceed with the assignment. NOW THEREFORE, in consideration of the mutual promises and benefits described herein, the sufficiency of which is hereby acknowledged, the parties agree as follows 1 The County and Tukwila acknowledge and agree that the land subject to the Easement is part of the "Property" that is being conveyed pursuant to the terms of the Transfer Agreement, and as such all the terms of the Transfer Agreement applying to the Property equally and fully apply to the land subject to the Easement. 2 Notwithstanding anything to the contrary contained in the Easement, an assignment of the Easement, or a consent to assignment of the Easement imposed by the State or State DNR, the assignment of the Easement will convey all the rights, privileges and obligations of the County contained in the Easement to Tukwila, and Tukwila shall assume all the rights, privileges and obligations of the County contained in the Easement, and the County shall have no further rights, privileges or obligations under the Easement. 3 Tukwila agrees for itself, its successors and assigns, to defend, indemnify and hold harmless the County, its appointed and elected officials and employees, from and against any and all liability for claims, demands, suits and judgments including, but not limited to the costs thereof, asserted by the State or State DNR, which arise out of or are incidental to Tukwila's exercise of its rights, privileges and obligations with regard to the land subject to the Easement, the Easement itself, or the assignment of the Easement. INDEMNIFICATION AGREEMENT 12 31 -02 1 ORb NAS