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Home My WebLink About2004 - Sensitive Area Covenant and Hold Harmless Agreement - Singh Jarnail - 20041029002805WHEN RECORDED, RETURN TO: 20041029002805 JOANNA COV 26,00 PAGE001 OF 008 10/29/2004 15:02 KING COUNTY, WA Reference Number(s) of Related Document(s): Grantor: JARNAIL SINGH 0040000514 Grantee: The City of Tukwila Legal Description (Abbreviated): �of 4 o.J- sho'f f L01- 046 1 Tt, ,; lo- Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: OOLOOQ- ('7 LI SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is e tere intoQ between (- \ \ 1 L SN Ce ti , a \ vid \ i ' , ( "Grantor), and the City of Tukwila, a Washington municipal corporation ( "Grantee "). 1 111 1 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. z WHEREAS, a portion of the Property contains sensitive areas of potential cc W geologic instability (potential slide areas) as depicted in Exhibit B, which is . 6 attached and incorporated by reference. c.) o 0 CO WHEREAS, as a condition of the issuance of subdivision plat approval, land F use permits, and /or construction permits for the Property, the Grantee required the co IL Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless w o Agreement" to hold the City of Tukwila harmless from all loss incurred as a result ce of any landslide or seismic activity, or soil disturbance. • d WHEREAS, Grantor assumed this obligation in order to obtain said Z subdivision plat approval, land use permits, and /or construction permits for the o Property. w 1- w WHEREAS, the parties agree that this agreement constitutes an arms ▪ N length, bargained -for agreement, which includes a waiver of liability that runs with o the land for risks created by the proposed use of property because of the shape, _ w composition, location or other characteristic unique to the Property sought to be I— developed. - z ui U N NOW, THEREFORE, the parties agree as follows: o I 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 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 2 + .. z 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 land and the rights and obligations contained herein shall run with a d burden the Property, including each parcel comprising the Property and shall in're to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. 3 -.., EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lo+ o-) siozr PLA-- L ol- o - V CITY o f /4-S R E b I�l VOLUME 158 OF St/ti2v�r's D,3 P! -G 2B I TI-1 R OL G H 2 B I- C 1REw c OF lk Cott. it T j l„J p S f-I I N C,Tp o �tC -OI2� IoUC 10o. 2co o32 COVENANT AND HOLD HARMLESS AGREEMENT — Sensitive Area Paget'' of _ 0 .0 01 -1 ) t7 N ito. e• 1-0.111 • S II17 4, • • 11111,211WVIR IlITtft22 sOKI 111ECTififnli7f ri err zLuioi 11101 nritrxi II ortrrirsr So 1110.11M 101 004 fl /T11 111111 At. tIh • 0 ! I 4 733 t •. IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this 3iit day of Decernbe.r , 2003. A GE A. bp4‘ I i 16 OTAR m . PUBLIC I i Io 1 9 • � • 16 - . WAS � , Authorized Signature Authorized Signature STATE OF WASHINGTON) )ss. County of King ) I certify that I know or have satisfactory evidence that l rna ti 1 i v r� and is /tee the person(,ij who appeared before me, and said individual('} acknowledged that he/she/they he/she/they signed this instrument and acknowledged it to be his/her /their free and voluntary act for the uses and purposes mentioned in this instrument. Dated December 31, 2003 0,6,L., a. A u '1)i ce /4: bea.c Notary Public in and for the State of Washington residing at kenfoin My appointment expires 6- /h -04 PPG E. - th DATED this 2'7 GRANTEE: CITY of TUKWILA By: Print Name: James Morrow Its: Public Works Director day of EiltA r.a--t , 2004 STATE OF WASHINGTON COUNTY OF KING On this day, before me personally appeared JIM MORROW to me known to be the PUBLIC WORKS DIRECTOR for the City of Tukwila, and executed this instrument on behalf of the City of Tukwila in his capacity as PUBLIC WORKS DIRECTOR and acknowledged that he is authorized to do so at their free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (seal} ' G E 1%. . ‘ ∎>c) c� r S' OK) li Name: Alice A. Deasy o \AOTAR 13 7 FA " `D / NOTARY PUBLIC, in and for the State of I/ PUBLIC : ■ Washington, residing at • °# 6 >. ••. 6./6 061 ‘t�,WAS My commission expires: b - ) 6 -Oil prtGE . �«.. � DATED this ATTEST: County of King GRANTEE: CITY OF TUKWILA Mayor STATE OF WASHINGTON ) ) ss. ) ` ver1 M. \Jane. &. Cant P 8 _ Q , 2004. print name On this ,�,�J day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared and , known to me to be the Mayor and City Clerk, respectively, 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 /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. Roberf 4-4 . 81 .Y N• ARY PUBLIC in and for the State of Washington, residing at a Wa MAJ c onvrussion e1 pb 4 5.9 . a7 z _I w C JU 0O • 0 LLI J H N O W } 4. J Q I ▪ W Z= z0 w 0 co a'- Ill • w u'O z U N - = : O ~ z