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Home My WebLink About2009 - Sensitive Area Covenant and Hold Harmless Agreement - Viking Bank - 20090227002325 WHEN RECORDED, RETURN TO: City Clerk 20090227002325 CITY OF T 88.00 City of Tukwila 02 27 U KWIL COV 1 09 1812 6 200 Southcenter Boulevard KING COUNTY, WA Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Viking Bank, 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 SW I /4, Sec. 10, 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): 734060 -0661 734060 -0662 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between VIKING BANK, 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 WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision approval under permit no. L07 -018, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Cornerstone Geotechnical, Inc., dated June 9, 2006. 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 IN WITNESS WH AEOF, said individuals have caused this instrument to be executed this day of 'ckYucst r 2009. 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 the /she signed this instrument, on oath stated that he /she was authorized to execute the instrument and acknowledged it as the 0 -P of l"? a corporation, to be the free and voluntary ct of such party fo the uses and purposes mentioned in this instniment. Dated f ur-,E u 3 ,QrY)C CHARLOTTE E. MARTINEZ NOTARY PUBLIC Notary Public in and for the State of Washington STATE OF WASHINGTON residing at Vi Y)A COMMISSION EXPIRES NOVEMBER 9, 2012 My appointment expires 11- Q 9 c;blQ Page 3 of 5 DATED this day of 2009. GRANTEE: CITY OF TUKWILA r MayorZj *4 Attest/Authenticated: Appr we7T C4�� Af'�1 City lerk �-Qt y `motor y J y STATE OF WASHINGTON ss. County of King On this V3 day of d (0 r v a r 2009, 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. print n J.` Etl/ ar�7� %W /i✓lN/` /i %��/V. f //%!J �O NOTARY PUBLICf and for°the sO N State of Washing residing at v� o r\. a 511 i� -29 -A Az III WA VN� PAO Page 4 of 5 EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY PARCEL A THE WEST 200 FEET OF THE NORTH 132.5 FEET OF TRACT 45, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 74, RECORDS OF KING COUNTY, WASHINGTON. Together with that portion of vacated South 126 Street adjoining which would attach by operation of law. PARCEL Be THE NORTH 132.5 FEET OF TRACT 45, RIVERSIDE INTERURBAN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 74, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 200 FEET THEREOF AND EXCEPT THAT PORTION THEREOF CONDEMNED FOR STATE HIGHWAY UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 647372. Together with that portion of vacated South 126 Street adjoining which would attach by operation of law. Page 5 of 5