HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - Tukwila School District / Foster High School - 20050210001482Return to:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
ii1[llLhIU a II
20050210001482
TUKLJ CITY 0 COV 25.00
PAGE001 OF 007
KING U
Above this line reserved for Recorder's use
SENSITIVE AREA COVENANT AND HOLD HARMLESS
AGREEMENT
Grantor /Borrower: Tukwila School District, a Washington special political
subdivision
Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County,
Washington
Document Reference Number(s): C n- o w,cw t t 1�.. awxcT
Pw 69'
Section/Township /Range: SE 15 -23 -04
Assessor's Tax Parcel Number(s): 152304 -9164
Property Legal Description (abbreviated):
Beg at Pt. 205.5 ft S of NW Corner of SE '1/4 of SE' /4. Then E 408.7 ft, then S 75 ft,
then E to westerly line of road, then S along road to Pt. 786.7 ft N of south line of
subdivision, then W to Pt. 500 ft E of W line SD SUBD then S 156.86 ft, then W
500 ft, then N to beginning.
COVENANT AND HOLD HARRALESS AGREEMENT Sensitive Area Page I of
ENT'D MAR 2 8 2005
SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between the
Tukwila School District, a Washington special political subdivision, "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 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 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, limited tot he
extent described in this document, 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 land use permits, and /or construction
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
lawsuits, 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
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 2—of -1'
seismic activity or soil disturbance, after the date of this agreement, 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. Grantor will maintain continuous insurance coverage as required by the
permits authorizing the development.
5. Grantee's inspection or acceptance of any of the Grantor's construction
or other work at the property, 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
DATED this NoV ae.\ -.c day of 2001
GRANTOR: ,V\Ac., '5 `tk cs
A municipal corporation of King County
By:
Print Name:
Its: 1 4 Q moo,
STATE OF WASHINGTON
COUNTY OF KING
On this $-H day of November' 200, before me a Notary Public in
and for the State of Washington, personally appeared
Bin f Unn rte. Boyd- to e known to be the
Business Mona •er of IuKwila School pis a-
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.
e
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
J a s
o P:
(seat) 18 ‘4°T419yyN
s s
Nom: Put" ,G
ss.
My commission expires: 676 Og
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
IL to cc,�
Name: Alice A. t eac y
NOTARY PUBLIC, in and for the State of
Washington,
residing at Nerr
Paged of j'
Z7
DATED this ■5 day of
GRA TEE: CITY OF TUKWILA
e Ivy iv tk CL-
Mayor
ATTEST
Y r
i i
City, Jerk
STATE OF WASHINGTON
ss.
County of King
On this a day of All,
(sai yO TAr ty
1' '•.6.9.07.
WABIL
GG-t�v'- C1-Led.i 200
Name:
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area
My commission expires: 5-9 0
20 l/ before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, erso ally appeared
and
known to me to be the
Mayor and C 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.
NOTARY PUBLIC, in and for the State of
Washington,
residing at
Page S of 3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Beg at Pt. 205.5 if S of NW Corner of SE of SE'/. Then E 408.7 ft, then S 75 ft,
then E to westerly line of road, then S along road to Pt. 786.7 ft N of south line of
subdivision, then W to Pt. 500 ft E of W line SD SUBD then S 156.86 ft, then W
500 ft, then N to beginning.
COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 4 of 1'
EXHIBIT B
DEPICTION OF SENSITIVE AREAS
COVENANT AND HOLD HARMLESS AGREEMENT SznsiGve Area Page kof
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