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Council Approval N/A
INDEMNIFICATION AND HOLD HARLMESS AGREEMENT
THIS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (the
"Agreement ") is entered into this 6th day of December, 2013, by and between the City of
Tukwila (the "City ") and the U.S. Department of Justice (the "USDOJ ").
RECITALS:
A. WHEREAS, USDOJ seized properties located at Traveler's Choice Motel, 3747
146th Street, Tukwila, WA and Great Bear Motel, 14420 Tukwila International Blvd,
Tukwila, WA 98168 (the "Properties "); and
B. WHEREAS, USDOJ desires to discontinue all utility services to the Properties,
including fire suppression, water supplies, and electrical service; and
C. WHEREAS, discontinuation of these services disables the code required fire
protection services leaving the Properties unprotected; and
D. WHEREAS, USDOJ desires to accept this risk;
NOW, THEREFORE, in consideration of the mutual promises and agreements set forth
herein, the parties do hereby agree as follows:
1. Indemnification. USDOJ shall indemnify, defend and hold harmless the City, its
agents and employees, from and against any and all claims, injuries, damages, actions, liabilities,
losses or suits, including attorney's fees, resulting in whole or in part from discontinuation of any
and all utility services to the Properties.
2. Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter of this Agreement. There are no promises, terms,
conditions or obligations other than those contained herein, and this Agreement shall supersede
all previous communications, negotiations, representations or agreements, either verbal or
written, between the parties hereto concerning the subject matter of this Agreement.
3. Severability. Each and every provision of this Agreement shall be deemed to be
severable. The invalidity or unenforceability of any particular provision of this Agreement shall
not affect the other provisions hereof, and the Agreement shall be construed in all respects as if
such invalid or unenforceable provision were not a part of this Agreement.
4. Governing Law. This Agreement shall be interpreted in accordance with the laws
of the State of Washington.
5. Venue. The venue for any cause of action arising out of this Agreement shall be
King County, Washington.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
written above.
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CITY OF TUKWILA
USDOJ
By:
Its:
Stephen E. Blue
Administrative Officer
U.S. Marshals Service
Western District of Washington