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HomeMy WebLinkAbout2006 - Sensitive Area Covenant and Hold Harmless Agreement - Rehabitat Northwest Inc - 20060124002087WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Rehabitat Northwest Inc. Grantee: The City of Tukwila 20060124002087 REHRBITAT NORT COV 68 00 PRGE001 OF 005 01/24/2006 14:41 KING COUNTY, UA Assessor's Tax Parcel ID Numbers: 734760 -0354 734760 -0355 734760 -0356 Legal Description (Abbreviated): A Portion of the NW %4 of the SE Sec. 35, T. 23 N., R. 4 E., WM. SENSPI'IVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Rehabitat Northwest Inc., a Washington State 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 as Lots 9, 10, and 11, Block 4, Riverton Macadam Road Tracts, according to the plat thereof, recorded in volume 15 of plats, page 53, in King County, Washington. WHEREAS, a portion of the Property contains sensitive areas and the Property is adjacent to sensitive areas of potential geologic instability (potential slide areas) as depicted in Exhibit `A', which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of short subdivision 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 short subdivision approval under permit no. L05 -074, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological report and evaluation, prepared by Liu Associates, Inc., dated November 11, 2005. 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 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. 2. Grantor on its own behalf and on behalf of its heirs, successors and assions hereby waives any right to assert any claim against the Grantee, its officers, officials, employees, agents, and assigns for any loss, 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. 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. 5. 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 iN WITNESS WHEREOF said individuals have caused this instrument to be executed this 02 day ofj 2006. STATE OF WASHINGTON) )ss. County of King Authorized atur e Authorized Signature I certify that I know or have satisfactory evidence that >*&t C 0 L`� i' f is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /s e was authorized to execute the instument apd acknowledged it as the Z t of Ln Ot; f- M ar-1 .wed 4- a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated 1— 2 4e o 6 DATED this day of 2006. GRANTEE: CITY OF TUKWILA ATTEST: Mayor City Clerk STATE OF WASHINGTON ss. County of King On this day of 20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 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. pent naurz NOTARY PUBLIC in and for the State of Washington, residing at 27: EXHIBIT 'A' DEPICTION OF SENSITIVE AREAS 5 1371H .5 I I 1 OTH S ?is lab Fa, _1