12-126 - King County - Orillia Road Area Annexation

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35A.14.460. The boundaries of the Annexation Area are set forth in Exhibit A, attached hereto and incorporated by this reference. 2. Effective date This Agreement shall become effective following the approval of the Agreement by the official action of the governing bodies of each of the Parties, and the signing of the Agreement by the duly authorized representative of the Parties hereto. 3. Effective date for this annexation The Parties agree the ordinance effecting this annexation shall provide consistent with the requirements of RCW 35A.14.460, an effective date for the Orillia Area annexation. 4. Term The term of this Agreement is in perpetuity from the date first written above. 5. Indemnification. Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 6. Compliance with laws The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. However, to the extent allowed by law, the Parties agree the provisions of this Agreement shall supersede such provisions. 7. Assignment The Parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other Party. 8. Administration and Contact Persons The following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the City: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Attn: Jack Pace DCD Director To the County• King County Office of Performance, Strategy and Budget 401 Fifth Avenue, Seattle, WA 98104 Attn: Dwight Dively, Director Page 2