HomeMy WebLinkAbout2015 - Sensitive Area Covenant and Hold Harmless Agreement - R B Smith Development Company - 20150922000004WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
201 922000004
CITY OF TUKWIL AG 75.00
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09/22/2015 08:43
KING COUNTY, WA
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Grantor: R B Smith Development Company, a WashingtonState corporation
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the SW1/4 of the SE1/4, Sec. 14, T. 23 N., R. 4
E., WM.
Full Legal Description: The Southwesterly Half of Lot 20 of Block 15, Hillman's Seattle
Garden Tracts, According to the Plat thereof recorded in Volume 11 of Plats, Page 24, Records
of King County, Washington (a.k.a.) Parcel `C' of City of Tukwila Boundary Line Adjustment
No. L03 -019, King County recording no. 20030701900003.
Assessor's Tax Parcel ID Numbers: 336590 -1485
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between RB Smith
Development Company, 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 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 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
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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 Building permit approval
under Building permit no. D15 -0026 for the Property.
WHEREAS, Grantor has performed Geotechnical Engineering Study, prepared by
Geotech Consultants, Inc., dated August 25, 2014.
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 on Exhibit `A' of this document.
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.
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.
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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.
IN WITNESS WHEREOF, said individual has caused this instrument to be executed
this / e71 day of Au ("Gt ST , 2015
STATE OF WASHINGTON)
)ss.
County of King
Grantor / Authori ed Signature
I certify that I know or have satisfactory evidence that 'tYIG(Gtl ✓ne ..c4101- is the
person who appeared before me, and said person acknowledged that he signed is instrument,
on o stated that h was authorized to execute the instrument and acknowledged it as the
re51`e of RB SMITH DEVELOPMENT COMPANY and
acknowledged it to be the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated 00/Y %/5
LAURIE A. WERLE
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
MAY 29, 2018
, tide r 1 �.
Public in and for the State of Washington
residing at /cillll.ch I G�
My appointment expires C5 (aq /1 g
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DATED this ,A5a day of f'► t�t�C , 2015.
GRANTEE: CITY OF TUKWILA ))
Attest/Authenticated:
City Clerk ,J J City Attorney
Approved As to Form:
STATE OF WASHINGTON )
ss.
County of King
On this day of / , 2015 , before me, the
undersigned, a Notary Public in and for the tate 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.
Mt4 % fzt,i l-
ame
OTARY PUBLIC in and for the
State of Washington, residing at
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