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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Lakeridge Development Inc - 20050210001481Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement Parties: Other: Legal Description: 766160 -0210 City of Tukwila, \VA 6200 Southcenter Boulevard Tukwila, WA 98188 Last CITY OF TUKWILA DOCUMENT RECORDING COVER SHFET Lakeridge Development, Inc. Company Name (if business) P. O. Box 146 Address 11111111111111111111 l, 200 5 02 10 0 014 TUKUILq CITY 0 C0v 2 81 5.00 02!10%2003 12 :15 KING COUNTY, UA Assessor's Property Tax Parcel/Account Number(s): First Initial Renton WA 98057 City State Zip A Portion of the SW of the NWY' Sec. 23, T.23N., R.4E., W.M., (a.k.a.) that portion of the South half of Lot 12, Seattle Land Company's 5 Acre Tracts, volume 60 of plats, page 90, in King County, WA, Ring East of Macadam Rd. ENID MAR 2 8 2005 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Grantor: Lakeridge Development, Inc. Grantee: The City of Tukwila Legal Description (Abbreviated): A Portion of the SW ''A of the NW Sec. 23, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Numbers: 766160 -0210 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Lakeridge Development, Inc., a Washington State 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 and the Property is adjacent to 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 short subdivision 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 short subdivision approval under permit no. L02 -051, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by Cornerstone Geotechnical, Inc., dated April 26, 2002 and subsequent reports. 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 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 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. 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. EN WITNESS WHEREOF, said in 'duals hav4 c this 7 day of J u /cy. 0 1 STATE OF WASHINGTON) )ss. County of King 7 04 rte N M. 2'. JSSiO,,� <St I� :'O`rNOT Ffq.� f m m. 9••.o u aLIC i it V 'cot QC' 200'• S ,t ai WASMNG Aut o ze Si %a ature Authorized Signature this instrument to be executed I certify that I know or have satisfactory evidence that it7ni k),a is the person who appeared before me, and said person ac ow edged that he/she signed this instrument, on oath sta�ed that he /she was authorized to execute the instrument and k nowledged it as the rrt of A.-4, e ri4c /o rn.t n4, 4n r a corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated /4. Notary Public in and for the State of Washington residing at rz_r_'1 My appointment expires I 0 q Cp DATED this fl day of GRANTEE: CITY OF TUKWILA nwri‘ deveA 1 11IV LACQ 1 --4 ATTEST: Mayor City Clerk STATE OF WASHINGTON ss. County of King On this /5 day of 20 /YT before me, the undersigned, a Notary Public in and for th State o Washington, duly commissioned and sworn, personally appeared u frt. Mr 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. 2004. WITNESS my hand and official seal hereto affixed the day and year above written. I Oil& 4 f4A J Print p oar„z Prf I En '.1' NOTARY PUBLIC in and for the State of Washington, residing at Mi, f „expv eo 5.9.07 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE SOUTH HALF OF LOT 12, SEATTLE LAND COMPANY'S 5 ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGE 90, IN KING COUNTY, WASHINGTON, LYING EAST OF MACADAM ROAD (FORMERLY SLATE ROAD). EXHIBIT 13 DEPICTION OF SENSITIVE AREAS