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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Interstate Development Corp - 20050210001485Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 f i i t 'la 20050 1000 1485 TUKUILA CITY 0 COV 02G 0/ 32 26.00 16 KING COUNTY, IJA 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 -0060 Property Legal Description (abbreviated): 8 MERRICKS ACRE TRS, DIV #2POR W of LN FR PT 154.99 FT E OF NW COR OF LOT 8 TO PT 154.95 FT E of SW COR OF LOT 8 LESS RD COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page L of ENTtD MSB 2 8 2005 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 -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 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot A, Tax #547680 -0060 That portion of Tract 8 of Merrick's Acre Tracts Division No. 2; as per plat recorded in Volume 12 of Plats, Page 47, in King County, Washington, lying westerly of the following described line: Beginning at a point on the south line of said Tract 8 which is 154.95 feet east of the southwest corner thereof and running north to the north line of said Tract 8 along a line which, if extended, would intersect the north line of Tract 7 in said plat at a point 155.025 feet east of the northwest corner of said Tract 7 and the terminus of said described line; except the south 10 feet of said portion of Tract 8 conveyed to King County for South 107 Street. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Pagel" of I- 0 Exi-H5tr "5" S7JTH 191TH 511EL. S eng t; I n }o 7 0 4 ct DATED this l day of NC- GRANTOR: I'erste Development Corporation a ij',.i67 it $7» 2 corporation By: G J %sr Pri Name: Its: i STATE OF WASHINGTON COUNTY OF KING and year first above written. one (seal); ®o d 1 b bl oN I IfIIIII "UD Name: SS. G G ear ,200 V On this (7 day of ,'V G 200.- 00 before me a Notary Public in and for e State of Washi ton personally appeared �s/� to me known to be the /'4 e r1�et of Interste Development Corp., a Xr/rte 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 i NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: 7‘ COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area Page 6 of 4- County of King GRANTEE: CITY OF TUKWILA STATE OF WASHINGTON DATED this ct day of L4Lice )t i 20 17 Mayor ss. RcOt COVENANT AND HOLD HARMLESS AGREEMENT Sensilve Area On this day of Ale v, 20 L' T before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personall appeare l tf P. tGO'_ and fl/R', AT CCU LtZ( 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. name C&rt NOTARY PUBLIC in and for the State of Washington, residing at Page of