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Home My WebLink About2015 - Sensitive Area Covenant and Hold Harmless Agreement - JK Monarch LLC - 20150820000366WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 1111111111 111 1111 11111111 111 20150820000366 CITY OF TUKWIL COV 147.00 PAGE -001 OF 004 08/20/2015 08:59 KING COUNTY, WA N Reference Number(s) of Related Document(s): Grantor: JK Monarch, LLC, a Washington State limited liability company Grantee: The City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NE'/ of the SE1/4, Sec. 15, T. 23 N., R. 4 E., WM. Full Legal Description — THAT PORTION OF GOVERNMENT LOT 1 AND THE S. FOSTER DONATION LAND CLAIM LOCATED IN SECTION 15, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. LYING EASTERLY OF THE EAST MARGIN OF 48TH AVENUE SOUTH (MACADAM ROAD ALSO KNOWN AS STATE AID ROAD NO. 1), AND LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND LYING SOUTHEASTERLY OF THE SOUTHEAST MARGIN OF SOUTH 138TH STREET (ADOLPH BAKER COUNTY ROAD), AND LYING SOUTHERLY OF A LINE DISTANT SOUTHERLY 110 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID SOUTH 138TH STREET. Assessor's Tax Parcel ID Number(s): 152304 -9072 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between JK Monarch, 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 above. Page 1 of 1 WHEREAS, a portion of the Property contains 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 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 short subdivision approval under permit no. L13 -029, and /or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Golder Associates, Inc., dated May 20, 1999, January 15, 2002, March 21, 2002, & May 2, 2013. Geotechnical peer reviews by Shannon & Wilson, Inc. were submitted to Public Works on June 15, 2001, August 16, 2001, January 25, 2002, and March 26, 2002. 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 on page one 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 Page 2 of 2 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. 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 caused this instrument to be executed this /(o day of i14/A/ , 2015. STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Grantor / Authorized Signature I certify I have know or have satisfactory evidence that JN.4T%G4N X11-7.7S 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 nd4/1r q‘re-V--- of JK Monarch, a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 1 Notary Public in and for the State of Washington residing a r, aA My appointment expires /—Z 1 —/C Page 3 of 3 DATED this ) IT° day of use, , 2015. GRANTEE: CITY OF TUKWILA !Ai laiw; ayor // Attest/Authenticated: City C erk / STATE OF WASHINGTON ) ) ss. County of King ) Approved As to Form: City Attorney On this !TN` day of A-L(0111S Z , 2015, before me, the undersigned, a Notary Public in and for the State of WashMgton, 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. \11 T •.. Le print name NOTARY NOTARY PU :'"C in and for the State of Washington, residing at Page 4 of 4 61F° wzO, CA)