11-097 - City of Kent - Permitting Authority for Tukwila South Wetland Mitigation Area

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the list of agencies who will receive notice. Response to the notice will be required, for Kent to be a party of record. 2.6 Tukwila's processing and review of permits and applications for the Wetland Mitigation Area shall include but not be limited to: rendering decisions to approve, condition, or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; approving final construction; and evaluating compliance with approved conditions. 2.7 Tukwila shall process the boundary line adjustment application to be filed by Segale Properties LLC to effect the changes discussed in the fourth recital, provided however, nothing herein shall require either Tukwila or Kent to secure King County's consent to the proposed boundary line adjustment. 2.8 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant to applicable Tukwila Municipal Code provisions. 3. Duration and Termination, This Agreement shall begin upon written execution by both parties and will continue until terminated. Either party may terminate this Agreement by providing written notice of such intent to terminate at least ninety (90) days prior to the termination date. Upon termination of this Agreement Tukwila shall provide Kent with a copy of the files and records of all permit applications received or processed under this Agreement. In the event of termination, Tukwila agrees to provide any further information or assistance regarding the Tukwila South project or the Wetland Mitigation Area as Kent may thereinafter reasonably require. Upon termination, Tukwila shall not be required to assign any portion of its rights, if any, in performance bonds or other surety pertaining to construction or maintenance activities to be undertaken in the Wetland Mitigation Area to Kent; provided, however, that nothing in this Agreement shall be construed to preclude Kent, upon termination, from requiring Segale Properties LLC to submit a performance bond or other surety pertaining to construction or maintenance activities to be undertaken in the Wetland Mitigation Area directly to Kent, in accordance with applicable provisions of the Kent City Code, including, but not limited to Kent City Code Section 11.06.570. 4. Indemnification. 4.1. Tukwila shall indemnify and hold harmless Kent and its officers, agents, employees, and elected officials or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against Kent, Tukwila shall defend the same at its sole cost and expense, provided that Tukwila retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Kent or its officers, agents, employees and elected officials, or any of them, or jointly against Kent and Tukwila and their respective officers, agents, employees and elected officials, or any of them, Tukwila shall satisfy the same. Page 3