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Home My WebLink About2013 - Sensitive Area Covenant and Hold Harmless Agreement - Seattle City Light - 20130612001461 WHEN RECORDED, RETURN TO: 1111 11 I 111 1111111 City Clerk City of Tukwila 20130612001461 6200 Southcenter Boulevard SEATTLE CITY 0 AG-RER 148.00 PAGE-001 OF 005 Tukwila, WA 98188 06/12/2013 16:554 KING COUNTY, WA 41-e-a_ hVetA&A--k itAcQ NI& I-6-04 s re9A4toct, Grantor: Seattle City Light Grantee: The City of Tukwila Legal Description (Abbreviated): none available Full Legal Description: All that portion of The City of Seattle's electric transmission corridor in the Southeast Quarter of Section 3, Township 23 North,Range 4 East,W.M.lying West of the westerly margin of Beacon Avenue South and East of the easterly margin of the State of Washington Interstate 5 highway right-of-way; EXCEPT public roads; Together with: That portion of The City of Seattle's electric transmission corridor in the Southeast and Southwest Quarters of Section 3,Township 23 North,Range 4 East,W.M.,lying West of the westerly margin of Burlington Northern Santa Fe Railroad right-of-way and East of the easterly margin of The City of Seattle's 100-foot wide Interurban electric transmission corridor. All situate within the City of Tukwila,County of King, State of Washington. Assessor's Tax Parcel ID Numbers: 5476800305, 6874201170,6874200375,0780000190,3348402700,0323049138,0323049065(crosses), 1023049056,and 0323049099(a portion) 1 of 5 • • SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Seattle City Light, a Washington municipal 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 above. WHEREAS, a portion of. the Property contains sensitive areas and the Property is adjacent to sensitive areas of potential geologic instability(potential slide areas). WHEREAS, as a condition of the issuance of short 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 building permit approval under permits no. D13-096, PW12-117, L12-036, L12-044, and L12-045 for the Property. WHEREAS, Grantor has performed a geological engineering report, prepared by Seattle Public Utilities Materials Laboratory, dated July 14, 2010. 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, to the extent permitted by law, including but not limited to RCW 35.32A.070 and RCW 35.32A.090, shall defend, indemnify, and hold the Grantee, its officers, officials, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or suites arising from Grantor's activities or permanent structures constructed on the Property. This indemnification agreement controls for suits 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 2 of 5 property related in whole or in part to any landslide or seismic activity or soil disturbance on the Property caused by Grantor's activities or permanent structures constructed on the Property. 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 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. 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. Grantee acknowledges that Grantor, like Grantee itself, is a municipal corporation and is subject to budgetary authorizations on a year-to-year basis. As such, the Parties agree that the contractual indemnity obligations of Grantor established herein shall be no more than Grantor's legislatively appropriated budget control level and the total available funds in Grantor's General Liability Subfund as established by Seattle City Council Ordinance No. 124088. IN WITNESS WHE OF, said individual has caused this instrument to be executed this :Z6h day of , 2013. �� P�6perty neC r/ ranter-- John Nierenberg, Manager, Distribution Engineering 3 of 5 STATE OF WASHINGTON) )ss. • County of King ) I certify that I know or have satisfactory evidence that Jo I i` -vi e rekt �-e is the person who appeared before me, and said individual acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. D1 gt`0 f e 26) 2ol 3 < Ma y Le at Se i)a.w 5 === ib � Notary Public in and for the State of Washington a #,:$/-----_ / , , d ''l ',, ,,d ;,� oackktayds W/T i My . i', , !. , expires trQyl v y 2e94.4 2„ol9 ••% ". DATED this Wr day of 171 , 2013. ? :'cr tipTit Aliaoir GRANTEE: CITY OF TUKWILA d' ✓,�� trt = �A ;s 0 C /a_ %IMMO . : 6 r /1 ■ test/Aut/enticated: Approved As to Form: .i. '0 / is' 1,a.a.S City lerk , City Attorney STATE OF WASHINGTON ) • ) ss. County of King ) On this l�T day of , 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Haggerton, known to me to be the Mayor, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the 4 of 5 • free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. La k ,1 rW1gNq Print n.. /' pHNp� NOTARY P :LIC in and for the (# % State of Washington, esiding at 4,0144.7A: 'a''+ 401106 IW`AS1+1� 5 of 5