HomeMy WebLinkAbout2008 - Sensitive Area Covenant and Hold Harmless Agreement - 4501 LLC - 20080118001137
WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
11111111 0101 010
20080118001137
CITY OF TUKWIL COV 88.00
PAGE001 OF 005
01/18/2008 14:24
KING COUNTY, WA
Grantor: 4501, LLC
Grantee: The City of Tukwila
Legal Description (Abbreviated): A Portion of the NE'4, Sec. 15, T. 23 N., R. 4 E., WM.
Full Legal Description is found on Exhibit `A' of this document.
Assessor's Tax Parcel ID Numbers: 261320 -0045
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between 4501, LLC, a
Washington State limited liability company ("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 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.
Page 1 of 5
i
Y
WHEREAS, Grantor assumed this obligation in order to obtain said Public Works
approval under Public Works permit no. PW07 -082, and/or construction permits for the
Property.
WHEREAS, Grantor has performed geological reports and evaluations, prepared by
Cornerstone Geotechnical, Inc., dated July 13, 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.
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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.
IN WITNESS WHEREOF, said individuals have paused this instrument to be executed
this I Z day of %.1)Cc„ 2 0
STATE OF WASHINGTON
)ss.
COUNTY OF KING
0 0 t 7 i i i t t'
`a
t CO A i
o NOTARY N
PUBUC Z
0 0 .?(.0.9/2 0 C
re,
0i. 1/4./A- �WASN
I certify I have know or have satisfactory evidence that I'Dnt ,iDa.y/LL in 4/
l 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 acknowledge as the
Qr1 ti-m7
4 Di j L_ C— a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated Iz- 1a. —D7
of
6LS ILI/7 1'Vl Gb b)
Notary Public in and for the State of Washington
residing at R p n'lo n
My appointment expires 1 h -q— D
Page 3 of 5
DATED th day of
GRANTEE: CITY OF TUKWILA
Attest/Authenticated:
STATE OF WASHINGTON
ss.
County of King
/C
On this y day of 4(14_ 2007, before me, the undersigned, a
Notary Public in and for the State of Washingto duly commissioned and sworn, personally
appeared
T L4A& Err AV
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$ tPetoi�ffixed the day and year above written.
1/4-' r• .,I
t` c h_ C. Aft a' fr A �:T4r ma
S pnt a �'f
0,-; Er N ARY PUBLIC in and for the
State of Wasbippgton, residing at
Page 4 of 5
2007.
Approved As To Form by
City Attorney
A4 Y COMn?(5srory swags 0
EXHIBIT `A'
LEGAL DESCRIPTION OF PROPERTY
THE NORTHWESTERLY 52.75 FEET OF THE SOUTHEASTERLY 145 FEET OF
LOT 15, FOSTORIA GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 95, RECORDS OF KING
COUNTY, WASHINGTON;
EXCEPT THE NORTHEASTERLY 282.25 FEET IN WIDTH OF SAID LOT 15;
EXCEPT THE SOUTHEASTERLY 30 FEET IN WIDTH OF THE NORTHEASTERLY
282.12 FEET OF SAID NORTHWESTERLY 127 FEET IN WIDTH.
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