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HomeMy WebLinkAbout2004 - Flood Hazard Development Covenant and Hold Harmless Agreement - Starfire Sports - 20040120000057WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 PRGE001 OF 018 01/20/2004 08:55 KING COUNTY, UA FLOOD HAZARD DEVELOPMENT COVENANT AND HOLD HARMLESS AGREEMENT Full Legal Description is found on Exhibit A of this document. CITY OF TUKUIL COY 36.00 ENTD FEB 0 9 2004 Grantor: Starfire Sports, a non -profit corporation Grantee: The City of Tukwila, a Washington municipal corporation Legal Description SW' 'A, Sec. 13, T«p 23 N., Rge 4 E., W.M. (Abbreviated): Govt. Lots 1 2, Sec. 23, TWp 23 N., Rge 4 E., W.M. Govt. Lots 1 5, Sec. 24, T«p 23 N., Rge 4 E., W.M. Tract 36, Second Supplement Map of Renton Shore Lands Blocks 4 -9 12 -17, Gundaker's Interurban Addn. Assessor's Tax Parcel 1323049080, 2323049001, 2423049030 2954900426 ID Number: FLOOD HAZARD DEVELOPMENT COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement "Agreement is entered into between Starfire Sports, a non -profit corporation, "Grantor), and the City of Tukwila, a Washington municipal corporation "Grantee WHEREAS, Grantee owns certain real property (the "Property") legally described in Exhibit A, which is attached and incorporated by reference. WHEREAS, Grantor has obtained from Grantee the exclusive rights to develop, construct, and operate park athletic, recreation and associated facilities on the Property. (See Agreement Between the City of Tukwila and Starfire Sports dated March 1, 2003 (`"March Agreement WHEREAS, Grantor has applied for necessary permits to develop the Property from the Grantee. WHEREAS, the majority of the Property lies within a special flood hazard area that may be inundated by a 100 -year flood as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of land use permits, and /or construction permits for the Property, the Grantee required the Grantor to execute and record this Flood Hazard Development Covenant and Hold Harmless Agreement to hold the City of Tukwila harmless from loss incurred as a result of a flood event. WHEREAS, Grantor assumed this obligation in order to obtain said land use and 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. _,jj$1202 NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. In consideration of Grantee issuing land use approvals and 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 flood events 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 flood events on said Property by reason of or arising out of the issuance of the permit(s) by the City for development on said Property. 3. Grantor will inform its successors and assigns of said Property that the Property is within a Special Flood Hazard 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 flood events. 4. Grantor will maintain continuous insurance coverage as required by the permit authorizing the construction of the Athletic Center. 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. Y_ -2- <:._v7_.3 C^_ 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. DATED this of divEkti3e7Z 2003. GRANTOR: STARFIRE SPORTS, a non -profit corporation By: Print Name: Christopher G. Slatt Its: President and CEO GRANTEE: THE CITY OF TUKWILA, a Washington municipal corporation By: Print Name: Mayor Steven Mullet Its: Mayor of Tukwila r� rv1S2¢4- STATE OF WASHINGTON ss. COUNTY OF KING On this 215t day of November 2003, before me a Notary Public in and for the State of Washington, personally appeared CHRISTOPHER G. SLATT, to me known to be the President and CEO of Starfire Sports, a non profit 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. and year first above wtten. r�GE A. D x h P.K,SioN'••. 0 �4 o NOTARY 2; r PUBLIC t t1 9 r, 616 -01 STATE OF WAS L =3j5TS 02 INr WITNESS WHEREOF, I have hereunto set my hand and official seal the day c(SE*E} v, z ss. COUNTY OF KING Name: Al iee. A. I S eat y NOTARY PUBLIC, in and for the State of Washington, residing at Rentcvi My commission expires: 6 /6 0 A{ On this If day of /VCV 2003, before me a Notary Public in and for the State of Washington, personally appeared MAYOR STEVEN MULLET, to me known to be the Mayor of the City of Tukwila, a Washington municipal 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. EN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: f'Y�eri F 1 C1 icer NOTARY PUBLIC, in and for the State of Washington, residing at gRCO"YYo- My commission expires: 5.9.07 -4- 5-54:6715_01 EXHIBIT A to FLOOD HAZARD DEVELOPMENT COVENANT AND HOLD HARMLESS AGREEMENT The legal description of the Property is set forth in the Bargain and Sale Deed, King County, Grantor. and City of Tukwila, Grantee, King County Recording Number 20030106000779, a copy of which is attached hereto.