HomeMy WebLinkAbout2007 - Sensitive Area Covenant and Hold Harmless Agreement - Tran Ben - 20071018001512WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Grantor: Ben P. Tran, an individual
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the SE /a of the SE Sec. 22, T. 23 N.,
R. 4 E., WM.
Full Legal Description: LOT A, CITY OF TUKWILA SHORT PLAT NO. L93 -0022,
RECORDED UNDER RECORDING NO. 9404110450, IN KING COUNTY, WASHINGTON.
Assessor's Tax Parcel ID Numbers: 222304 -9044
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Ben P. Tran, an
individual, "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 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 land use approval
under permit no. L05 -047, and/or construction permits for the Property.
WHEREAS, Grantor has performed a geological report and evaluation, prepared by
Jason Engineering Consulting, dated April 18, 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 above.
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. Grantor will maintain continuous insurance coverage as required by the permit
authorizing the development.
5. 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.
6. This covenant and hold harmless agreement shall be a covenant running with the and
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.
DATED this da of
GRANTEE: CITY OF TUKWILA
Attest/Authenticated:
Clerk
Approved As to Form:
City Attorney
STATE OF WASHINGTON
ss.
County of King
C rtn
On this day ofJ. ✓6-g1 2007, before me, the undersigned, a
Notary Public in and for the State of Washington duly commissioned and sworn, personally
appeared Ste EN NI I14LLCT
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 se .eretg the day and year above written.
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IN WITNESS WHEREOF, said individuals have caused this instrument to be executed
this ?,O day of AtAc 2007
STATE OF WASHINGTON)
)ss.
County of King
LJIflt
Property Owner
Property Owner
I certify that I know or have satisfactory evidence that TCk' T RI1 N
is the person who appeared before me, and said individual acknowledged that he signed this
instrument and acknowledged it to be his free and voluntary act for the uses and purposes
mentioned in this instrument.
Dated SO (i,liq 200)
1/s 2 ztc
7)Eev2A )A9i
Notary Public in and for the State of Washington
residing at I2Ettn
My appointment expires 10- /S L>