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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Riverton Lane LLC - 20051031000482Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Ettatt 200510 CITY OF TUKUIL NOSH ppGE001 OF 007 20051031000482 13005 38th Lane South COUNTY, Above this line reserved for Recorder's use HOLD HARMLESS SENSITIVE AREA Grantor /Borrower: Riverton Lane, LLC Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): DFA PO/ &4- (-56t3 7 Lt Section/Township/Range: Assessor's Tax Parcel Number(s): 7340600803 Property Legal Description (abbreviated): Portion of Tract 54, Riverside Interurban Tracts, recorded Vol 10 of plats, page 44, in King County, Washington, lying west of Davis Replat of said Tract 54. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page L of SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Riverton Lane, LLC (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) 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. 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page -of I 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. 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 3 of 7- DATED this 7 day of s_ Uo ✓C 200 GRANTOR: Riverside Lane, a limited lia ility corporation By: X77 Print Name: Its: rDC2 r STATE OF WASHINGTON COUNTY OF KING On this day and for the State of ashi to Alt I E/ SLi?i /tz Q a2"+ (seal) t tionfinsitto ss. 2005, before me a Notary Public in !personally appeared 1 to me known to be the PejicIe;z1 of ✓&r+t f Lane, LLG a limited liability 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. ►iii :vi Yz— /'t—� /c/a Lela i Name: A NOTARY PUBLIC, in and for the State of Washington, residing a Jr/1l4 /l> My commission expires: -36C COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 4 of DATED this to day of County of King STATE OF WASHINGTON ss. On this (15 day of an, F Cantu, 4 GRANTEE: CITY OF TUKWILA A u Mayor 20 0 20 05, before me, the undersigned, a Notary Public in a for he State of Washington, duly commiissi a nd sworn, personally appeared 3&VCY1 m Y LtAk pp and 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. dLA 1� 1 i!_& IA e.rf- 1+' Saks NOTARY PUBLIC in and for the State of Washin COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area ton, residing at PageSof+ EXHIBIT A LEGAL DESCRIPTION OF PROPERTY That portion of Tract 54, Riverside Interurban Tracts, according to the plat thereof, recorded in Volume 10 of Plats, Page 74, in King County, Washington, lying west of Davis Replat of said Tract 54, according to the plat thereof, recorded in Volume 24 of Plats, page 49, in King County, Washington; except the south 100 feet thereof. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page c of j" 0 EXHIBIT B DEPICTION OF SENSITIVE AREAS ..i. 1:-..; I r- I f 1— 5 130TH ST H 10T3 LOT 2 I I LOT 1 i A 1 .ItI ssss. t I- ft: I SITE 1 LOT 4 1 _e 1 v.C:.. B t:. il -.21 '1/4•/.. "N.,. i A surv„, i -9-.7-.:c ?...,t A I "•i' I! .1 1 AI t 2. a s= ...r, I igi;L I V-1 COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area L I I ar a ri. A. LOT 5 j 11 I 41.-B F2c e cc 0 Scs. I I I vaaa r I. LOT 8 LOT 9 '111-1111;- 1 •7 r A-7170 sam :a- L I es, 1 rtf.,:," I ,i 1 1" Anita] a rt 1 t I 7. r Cy T r.r ik I -1 Page of 7