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HomeMy WebLinkAbout2010 - Sensitive Area Covenant and Hold Harmless Agreement - SP Tukwila LLC - 20100216000404Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 HOLD HARMLESS SENSITIVE AREA Grantor /Borrower: Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): Section/Township /Range: I Assessor's Tax Parcel Number(s): O0 L SOCi9C? 3s Property Legal Description (abbreviated): Above this line reserved for Recorder's use SP Tukwila LLC LEGAL DESCRIPTION COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area 20100216000404 3725 South 154th Lane CITY OF TUKWIL AG 68.00 PAGE -001 OF 007 02/16/2010 09:45 KING COUNTY, WA LOTS 8, 0, 10, 11,16 AND 17, BLOCK 5, THIRD ADDITION TO ADAMS HOME TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 15 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON: EXCEPT THAT PORTION OF SAID LOTS 16 AND 17 HERETOFORE CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 6562061. 020 Page I of SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and old harmless agreement is entered into between 1 oko LL-/- (Individual(s) (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) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision plat 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 subdivision plat approval, land use permits, and /or construction permits for the Property. 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 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. COVENANT AND HOLD HARMLESS AGREEMENT Sens live Area Page of 7 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 Toss, 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 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensleve Area Page 3 of 7 DATED this C day of A IarbL 200_ GRANTOR: Sj 'VkW r I 0 LLG a ii -z.\amm 1- C orporation La' By: CThr,-� (Y) (1., Print Name: M. enho� Its: �.i 'U�i, �z.� NO, STATE OF WASHINGTON COUNTY OF KING SS. On this D ti day of M oran 2009 before me a Notary Public in and for the State of Washington, personally appeared tov,a Do {enNor51 to me known to be the �•otinor;jed AgeNyt of c,P a U oSoioq&n PLC seryeratiew that executed the foregoing instrument, and acknovi(edged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he /she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ame: Not?trA- 1U .LAI-- KI +rvt2la NOTARY PUBLIC, in and for the State of Washington, residing at S e a-1/2-1-1e W A My commission expires: 3 I t PA-6g 4 ©r 7 DATED this day of TcAA)tAL(v) 20 I r GRANTEE: CITY OF TUKWILA Mayor ATTEST: c AM? a 1- F- 6 City erk STATE OF WASHINGTON ss. County of King On this .)-c day of Ni n u. nr� 20 j before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared O and known to me to be the Mayor and City Clerk, respectively, of CITY OF UKWILA, 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. 1'Yla A AI Inter ei :bid ?on int name COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area NOTARY PUBLIC in a for the State of Washington, residing at T(4L -JMt'R Page of EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION LOTS 8, 9, 10, 11,16 AND 17, BLOCK 5, THIRD ADDITION TO ADAMS HOME TRACTS, 17, IN THE RECORDED IN VOLUME 15 COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID LOTS 16 AND 17 HERETOFORE CONVEYED TO THE RECORDED STATE UNDER WASHINGTON FOR NUMBER 6562061. PURPOSES BY DEED 6562061. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page of 7 EXHIBIT B DEPICTION OF SENSITIVE AREAS GROEK C Af'P2aX L M Ate LOCATf°N) PROJECT A-R A 4L COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 1 Of 1