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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Interstate Development Corporation - 20050210001484Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 111111 Iii111 2005021 TUKYILA CITY 0 001484 0 COY 25.00 FAGE061 OF 007 02/10/2005 12:16 KING COUNTY, all Above this line reserved for Recorder's use COVENANT AND HOLD HARMLESS AGREEMENT SENSITIVE AREA Grantor /Borrower: Interstate Development Corp. Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document ReferenceNumber(s): NA Section/Township/Range: 03 -23 -04 Assessor's Tax Parcel Number(s): 547680 -0055 Property Legal Description (abbreviated): 7 MERRICKS ACRE TRS, DIV #2POR W of LN FR PT 155.03 FT E OF NW COR OF LOT 7 TO PT 154.99 FT E of SW COR OF LOT 7 COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page I of 1' SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Interstate Development Corp, (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 2- of 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! EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot B Tax #547680 -0055 That portion of Tract 7, Merrick's Acre Tracts Division No. 2, according to the Plat thereof, recorded in Volume 12 of Plats, Page 47, in King County, Washington lying west of the following described line: Beginning at a point on the south line of said Tract 7 which is 155.03 feet east of the northwest corner of said tract and running thence southerly to a point 154.99 feet of the southwest corner of said tract and the terminus of said described line. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page k of W4/T k97TH STRE E>ch16f Se45)7“/4re st o c s GV -L DATED this day of 0(0 200_" GRANTOInterste Development Corporation a r corporation By: 2. -r Print Name: L% a 1 Its: fvetir/ai STATE OF WASHINGTON COUNTY OF KING ss. On this /7 day of /ti's! 200 before me a Notary Public in and for the of Washing n. p rr appeared 7'`'z"' tome known tobethe *P of Interste Development Corp., a >1'rgA 7 =J 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. S o s a Z Name: NOTARY PUBLIC, in and for the State of -c :4, t f/Z x? Washington, residing at fi r! -t' d. AA. rata My commission expires: (61 v 7- COVENANT AND HOLD HARMLESS AGREEMENT Sens:Nve Area Pag e j of DATED this /1S 1 7 GRA TEE: CITY OF TUKWILA NV\w' STATE OF WASHINGTON ss. County of King 1 Mayor a On this J4 day of Lei z-el:1 i 200y day of Mayor i\bi#? 20 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Th n L 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. iidat t COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area NOTARY PUBLIC in and for the State of Washington, residing at and known to me to be the Page of 1