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HomeMy WebLinkAbout2017 - Sensitive Area Covenant and Hold Harmless Agreement - Tukwila School District - 20170928000729111111111 1111 111111 11111 IN IN NI Mill It it 20170928000729 COVENANT Rec: $148,00 9/28/2017 12:01 PM ' KING COUNTY, WA Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Above this line reserved for Recorder's use Sen 1-F ► vC. 1 ''e tt Ceyvrt n A.v, #- a icL 1-17.,14 4 v le3S Abre-erne-n 't Grantor/Borrower: Tukwila School District Grantee/Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section/Township/Range: Assessor's Tax Parcel Number(s):_ 84 a000 i o Property Legal Description (abbreviated): COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page ( of�b SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Tukwila School District , (Individual(s) (Corporation) , ("Grantor), and the City of Tukwila, a Washington municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor owns and has applied for necessary permits to develop certain real property (the "Property") legally described in Exhibit A, which is attached and incorporated by reference. WHEREAS, a portion of the Property contains sensitive areas of potential geologic instability (potential slide areas) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision plat approval, land use permits, and/or construction permits for the Property, the Grantee required the Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless Agreement" to hold the City of Tukwila harmless from all loss incurred as a result of any landslide or seismic activity, or soil disturbance. WHEREAS, Grantor assumed this obligation in order to obtain said subdivision plat approval, land use permits, and/or construction permits for the Property. WHEREAS, the parties agree that this agreement constitutes an arms length, bargained -for agreement, which includes a waiver of liability that runs with the land for risks created by the proposed use of property because of the shape, composition, location or other characteristic unique to the Property sought to be developed. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. In consideration of Grantee issuing subdivision plat approval and/or other development permits, which constitutes good and valuable consideration, the receipt of which and the sufficiency of which the Grantor hereby acknowledges, the Grantor shall defend, indemnify, and hold the Grantee, its officers, officials, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or suits, whether brought by grantor or third parties, including all legal costs and reasonable attorney fees, arising out of or in connection with any injuries or damages to persons or property caused in whole or in part by any landslide or seismic activity or soil disturbance on the Property, legally described in Exhibit A, which is attached and incorporated by reference. COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page a of k 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives any right to assert any claim against the Grantee, its officers, officials, employees, agents, and assigns for any Toss, or damage to people or property either on or off the site resulting from any landslide or seismic activity or soil disturbance on said Property by reason of or arising out of the issuance of the permit(s) by the City for development on said Property except only for such losses that may directly result from the sole negligence of the City. 3. Grantor will inform its successors and assigns of said Property that the Property is in an area of potential geologic instability (potential slide area), of the risks associated with development thereon, of any conditions or prohibitions on development imposed by the City of Tukwila, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 4. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 5. Grantee's inspection or acceptance of any of the Grantor's construction or other work either during construction or when completed shall not be grounds to avoid any of these covenants of indemnification. 6. This covenant and hold harmless agreement shall be a covenant running with the land and the rights and obligations contained herein shall run with and burden the Property, including each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Page 3 of DATED this 25th day of May , 20 17 GRANTOR: Tukwila School District cor•oration Print Name: Judith . Berry Its: Deputy Superintendent STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 25th day of May , 20 17, before me a Notary Public in and for the State of Washington, personally appeared Judith K. Berry , to me known to be the Deputy Superintendent of Tukwila School District , a corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. »124414,`dtx fit. MARICEL M HAESSIG Notary Public State -of Washington My Commission Expires January 31, 2021 Maricel M. Haessig g NOTARY PUBLIC, in and for the State of Washington, residing at Auburn, WA My commission expires: January 31, 2021 DATED this day of �� 20 11 . GRANTE :. IT OF UKWIL ayor ATTEST: C y14,4%-/-N CIn�tS�j o atn.ee b Y Clerk STATE OF WASHINGTON ) ) ss. County of King ) On this n1 ©-t"` day of :tom .'-Q_ , 20 11 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared &(\ i k CANri,5 + 0' P [ &h.e,r and , known to me to be the Mayor and City Clerk, respectively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. -leL a 4'l r b1D i GAG°`i pnnrjyna�me �t.'l..c�l r�i r i cD( deems -- NOTARY PUBLIC in and for the State of Washington, residing at Pre--C.:0'10- COVENANT re-C.:n'1wA COVENANT AND HOLD HARMLESS AGREEMENT - Sensitive Area Pages 0; EXHIBIT A - LEGAL DESCRIPTION OF PROPERTY ESSICO ADD TO RIVERTON LOT B OF CITY OF TUKWILA SHORT PLAT NO 90-4—SS RECORDING NO 9101140403 SAID SHORT PLAT DAF — TRACT 1 THRU 10 TGW TRACT 14 THRU 24 OF ESSICO ADD TO RIVERTON TGW VACATED RIVERTON PLACE S 129Th ST W OF WLY MGN OF 40TH AVE SOUTH LESS POR OF S 1/2 OF VACATED RIVERTON PLACE ABUTTING & ADJ VACATED TRACTS 11 & 13 OF SAID PLAT TGW VACATED 30 FT STREET BTW TRACTS 1 & 22 LY S OF S MGN OF S 128TH ST LESS N 10 FT CONVEYED TO KG UNDER RECORDING NO 7807240892 LESS W 20 FT OF TRACTS 3 & 4 FOR ADDITIONAL MAP AND DEPICTION OF SENSITIVE AREA PLEASE SEE THE CITY OF TUKWILA DIGITAL RECORD CENTER UNDER RECORDED DOCUMENTS ATTACHED TO THIS DOCUMENT. Pay, CP Of to