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Home My WebLink About2004 - Release Sensitive Area Covenant and Hold Harmless Agreement - March MacDonald Inc - 20040715002117Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area 20040715002117 MARCH R 24.00 PRGE001 OF 006 07/15/2004 14:36 KING COUNTY, WA Above this line reserved for Recorder's use A RELEASE SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT Grantor /Borrower: CITY OF TUKWILA, a municipal corporation of King County, Washington. Grantee /Beneficiary: March MacDonald, Inc. Document Reference Number(s): 20040225900003 L01 -019 Short Plat; 20030801000738 Sensitive Area Covenant and Hold Harmless; Section /Township /Range: SE22- T23N -R4E, W.M. Assessor's Tax Parcel Number(s): 8108600505, 8108600504, 8108600503, 8108600501 Abbreviated Legal Description: Tract 60, Sunnydale Gardens Division No. 1, According to the plat thereof recorded in Volume 25 of Plats, Page 50, Records of King County, Washington, Except the east 75 feet thereof. Page 1 of g The CITY OF TUKWILA hereby releases and abandons that certain SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT as hereinafter described, located in the City of Tukwila, King County, Washington, filed of record under Auditors file No. 20030801000738, records of King County, Washington. Said agreement is described on Exhibit A attached hereto and is incorporated herein by this reference. CITY OF TUKWILA, WASHINGTON By: Steve Mullet, Mayor Date: CJvI IC 2004- Attest/Authenticated: Approved Cantu, City Clerk Jaffe ity Attorney RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page a of R WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 EXHIBIT A M R H MAC LA V RAG 001 006 08/ 1/200 1:1 KIN CO N LIR l 20030801000738 Reference Number(s) of Related Document(s): Grantor: /nA/2C/ /-7.4 Zive. Grantee: The City of Tukwila Legal Description (Abbreviated): SE 2 7 R 4 E, W /I• Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: 8/0 8 ea 0 0 roi 0 s SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between NIAZ DONALIJ ING. a WAfRINb7I H corporation, "Grantor), and a Washington municipal corporation "Grantee RECITALS WHEREAS, Grantor owns and has applied for necessary permits to property (the "Property legally described in Exhibit A, which is attached reference. MA RCN the City of Tukwila, develop certain real and incorporated by 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. RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 3 of 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. 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives any right to assert any claim againstthe 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. 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. Cy RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Pagel of b DATED this -2 -R day of '7' 2003 GRANTOR: a 14) N67 corporation B y: Print Name: Its: (//GE GeES/DsN7 STATE OF WASHINGTON COUNTY OF KING MA2C.4— l9ALDONALD� INL. J 4 A/Z/l MAC DONAL D 5 5. On this 4_9_ day of T 200,a, before Inc a No�(y Public in and for the State of Washington, personally appe ed /One k <5 m4r. (UAYLa& to me known to be the \her 1 n4 of Marran 4 /d Lnc a corporation that executed the foregoing instrument, and acknowledged 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. /7O mr Name: i (seal) NOTARY PUBLIC, in and for the State of Washington, residing at s "'et C v+ g -2.aC My commission expires: XS RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area f p Page n of 0 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION TRACT 60, SUNNYDALE GARDENS DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGE 50, RECORDS OF KING COUTNY, WASHINGTON; EXCEPT THE EAST 75 FEET THEREOF. RELEASE COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page b of 9