10-075 - City of Seattle - 2010 Rock-N-Roll Marathon / Indemnification & Hold Harmless

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WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT RECITALS 10 -075 Council Approval N/A THIS AGREEMENT is made and entered into as of the 1.5 of 2010, by and between the City of Tukwila, Washington, a municipal corporation "Tukwila and the City of Seattle "Seattle a municipal corporation, both of which are located in and existing under the laws of the State of Washington (the "Parties WHEREAS, the 2010 Rock `n Roll Seattle Marathon 1 /2 Marathon "Marathon is sponsored and organized by the Competitor Group, Inc. based in San Diego, California and will occur on June 26., 2010 and has 28,000 registered participants; and WHEREAS, the marathon route starts in Tukwila and then enters Seattle at mile 2.1, which is just past the intersection of Boeing Access Road, Martin Luther King Way, and Ryan Way "Intersection necessitating a full or partial closure of the Intersection to vehicular traffic during the marathon, and WHEREAS, the Intersection is within Tukwila's city limits but Seattle has found that a full closure of the Intersection to accommodate the race route would cause an undue burden on Seattle residents to the east of the intersection by restricting access to and from Interstate 5 without a reasonable detour route; and WHEREAS, in order to avoid a full closure of the Intersection and allow access between Ryan Way and 1 -5 (via Martin Luther King Way), Seattle has agreed to assume all control and responsibility for approving a partial closure of the Intersection for the Marathon and policing the Intersection during the Marathon from when the Intersection starts to be closed until it is fully open (approximately 5:00 a.m. until 9:00 a.m.); and WHEREAS, the Parties to this Agreement wish to define Seattle's obligations to Tukwila respecting waiver of claims and indemnity for any and all occurrences, activities and /or measures taken or performed by Seattle for blockading and policing the Intersection for the Marathon; NOW, THEREFORE, the parties hereto agree as follows: 1. Indemnification and Hold Harmless. Seattle shall be solely responsible for the conduct and acts or omissions of its respective officers, employees, agents, contractors, invitees and volunteers. Seattle acknowledges that Tukwila is making no representations as to the condition of the Intersection, the safety of its use, or any hazards it may pose, either latent or apparent, and Seattle shall assume liability for all injuries to persons or damage to property caused by, arising out of, or resulting from Seattle's activities in, on, under or upon the Intersection pursuant to this Agreement. Seattle shall protect, defend, indemnify and hold harmless the City of Tukwila, its elected and appointed officials, employees, and agents from and against liability for any claims