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HomeMy WebLinkAbout2004 - South Fence Removal Covenant and Hold Harmless Agreement - Starfire Sports - 20040120000056Grantor: Grantee: Legal Description (Abbreviated): w_„ WHEN RECORDED. RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 II II 1111111 11 till 1111 20040120 CITY OF TUKWII COV 36 00 ENT'D FEB 0 9 2004 PAGE001 OF 018 KING COURNTY 8 WA SOUTH FENCE REMOVAL COVENANT AND HOLD HARMLESS AGREEMENT Starfire Sports, a non -profit corporation The City of Tukwila, a Washington municipal corporation SW 1/4, Sec. 13, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 2, Sec. 23, Twp 23 N., Rge 4 E., W.M. Govt. Lots 1 5, Sec. 24, Tvvp 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. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel 1323049080, 2323049001, 2423049030 2954900426 ID Number: SOUTH FENCE REMOVAL COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement "Agreement is entered into between STARFTRE SPORTS, a Washington 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, Grantor intends to install a fence along the south end of the Property (the "South Fence which lies within that certain King County Maintenance Easement 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 South Fence Removal Covenant and Hold Harmless Agreement to hold the City of Tukwila harmless from loss incurred as a result of removal of said South Fence solely for maintenance purposes. 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. 504 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 removal of the South Fence solely for maintenance purposes. 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 removal of the South Fence solely for maintenance purposes by reason of or arising out of the issuance of the permit(s) by the City for development on said Property. 3. Grantor will maintain continuous insurance coverage as required by the March Agreement. 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. 5x16]15 01 [Signature page follows] -2- sx :6715_01 DATED this 4 i "day of i 4 a Lle 2003. GRANTOR: STARFIRE SPORTS. a non -profit corporation By: <U�' Print Name: Christopher G. Slatt Its: President and CEO GRANTEE: THE CITY OF TUKWILA, a Washington municipal corporation By: tYlvV\ 424A Print Name: Mayor Steven Mullet Its: Mayor of Tukwila STATE OF WASHINGTON COUNTY OF KING On this 2 /st day of Novern 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first abovedz ktkt». P 09ERT /a lit, tsSt 6 u ywi A 4 ?k I C F II le 0 uu'ii�wN ASHi J G N STATE OF WA COUNTY OF KING SS. ss. Name: Aliee- A. ben.cy NOTARY PUBLIC, in and for the State of Washington, residing at Reerkin My commission expires: b 6 0 �f On this ctJda of NOV. 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Ravi !ILA reAtrj Name: NOTARY PUBLIC, in and for the State of Washington, residing at TQCd'Y2, My commission expires: 5.9.07 -4- 934 EXHIBIT A to SOUTH FENCE REMOVAL 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.