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Home My WebLink About2006 - Sensitive Area Covenant and Hold Harmless Agreement - Tully Homes - 20060613001193WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Tully Homes, Inc., a Washington State Corporation 20060613001193 16028 51st Avenue South CITY OF TUKWIL COV 68.00 PAGE001 OF 005 06/13/2006 12:22 KING COUNTY, UA 1 8 Grantee: The City of Tukwila, a municipal corporation of King County, Washington Legal Description (Abbreviated): A Portion of the NW1/4 of the NW 1/4, Sec. 26, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number(s): 537920 -0065 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Tully Homes, Inc., 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 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). 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. WHEREAS, Grantor assumed this obligation in order to obtain said short subdivision approval under permit L04 -058, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Bruce S. MacVeigh, P.E., dated June 25, 2004, and a peer review has been accomplished by HWA GeoSciences Inc., dated March 23, 2005. 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. 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 fin day of (9-pit c..- 2006. STATE OF WASHINGTON) )ss. County of King Authorized Signature Authorized Signature I certify that I know or have satisfactory evidence that D34 t/1 (/L t. Y is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated jJ}at he /she was authorized to execute the instrument and acknowledged it as the of J vLt- r? /4-vas a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated pin/ y 2,00G Notary Public in and for the State of Washington residing at Re tiTvAJ My appointment expires 0 I a0 0 DATED this 2 day of A1QJ ^Q- 2006. GRANTEE: CITY OF TUKWILA Cl5n) Onais-±- Mayor ATTEST: STATE OF WASHINGTON ss. County of King On this cgtr day of V r 1 20 0 2 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 5 +e v Q v` on tm ti e and 5G v` Q E v. A- v 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. print name $c bac� S SotX NOTARY PUBLIC in and for the State of Washington, residing at �K✓■' -0 h W Y w i 3 C Nn, wk C•56C o v tZc 9C c e 5 I 3 a I EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL B, CITY OF TUKWILA SHORT PLAT NUMBER 79- 43 -SS, RECORDED UNDER RECORDING NUMBER 8002260429, IN KING COUNTY, WASHINGTON. EXCEPT THE SOUTH 20 FEET PURSUANT TO CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT 83 -1 -BLA RECORDED UNDER RECORDING NUMBER 8302170621; BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (BEING KNOWN AS A PORTION OF TRACT 2, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO 77-IE UNRECORDED PLAT THEREOF.)