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HomeMy WebLinkAbout2010 - Sensitive Area Covenant and Hold Harmless Agreement - Sidhu Homes Inc - 20100908001042 i WHEN RECORDED, RETURN TO: Zm1 ®09m8 128.00 City Clerk C117 OF TUKW1L C014 City of Tukwila 0908/2010 11 WA 6200 Southcenter Boulevard KING COUNTY, Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Sidhu Homes, Inc., a Washington State Corporation Grantee: The City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the SE1 /4 of the NE 1 /4, Sec. 22, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit `A' of this document. Assessor's Tax Parcel ID Number(s): 004200 -0130 004200 -0140 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Sidhu Homes, 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 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). WHEREAS, as a condition of the issuance of boundary line adjustment 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. Page 1 of 5 W:\PW Eng \OTHER \Dave McPherson \doak hold harmless sao 042110.doc WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision approval under permit no. L09 -034, and /or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Bruce S. MacVeigh, P.E., Civil Engineer /Small Site Geotechnical, dated June 12, 2009. 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 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. Page 2 of 5 W:\PW Eng \OTHER\Dave McPherson \doak hold harmless sao 042110.doc IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this otP day of O L(CA 2010. o 0 Property Owner Authorized Signature STATE OF WASHINGTON) )ss. County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ©wri er" of Home s a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated D7 �aa-ll D Notary Public in and for the State of Washington residing at 7& k 'i My appointment expires Page 3 ofXs DATED this day of AcV 2010. 'J GRANTEE: CITY OF TUKWILA Attest/Authenticated: Approved As to Form: City Clerk City turn STATE OF WASHINGTON ss. County of King On this 3Q' day of Sb��" 2010, 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 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. 7Gi Vt A ,4 b P Dicic4 ;z print name I NOTARY PUBLIC in add for the 0-� �,�L A,�m,�` State of Washington, residing at Page 4 of 5 WAPW Eng \OTHER \Dave McPherson \doak hold harmless sao 042110.doc EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY TRACT 2, BLOCK 2, ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 31, RECORDS OF KING COUNTY, WASHINGTON. PARCEL B, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L08 -032, RECORDED UNDER RECORDING NO. 20080625900002, RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF TRACTS 3, 4, AND 5 IN BLOCK 2, ADAMS HOME TRACT SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 90, RECORDS OF KING COUNTY, WASHINGTON. Page 5 of 5 WAPW Eng \OTHER \Dave McPherson \doak hold harmless sao 042110.doc