HomeMy WebLinkAbout2005 - Sensitive Area Covenant and Hold Harmless Agreement - AIA International Ventures Inc - 20050518000277WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Grantor: AIA International Ventures, Inc.
Grantee: The City of Tuhvila
Assessor's Tax Parcel ID Number: 322920 -0010
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20050
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CITY 0 C0V 24.00
ENT'D SEP 012005
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COUNTY, WA
Full Legal Description is found on Exhibit A of this document.
Legal Description (Abbreviated): A Portion of the NE of the SE Sec.
R. 4 E., WM.
15, T. 23 N.,
SENSITIVE AREA COVENANTT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between AIA International
Ventures, Inc., a Washington 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 land use approval
under permit no. E03 -028, and/or construction permits for the Property.
WHEREAS, Grantor has performed a geological report and evaluation, prepared by
LSI Adapt, Inc., dated May 25, 2001, and a peer review has been accomplished by HWA
Geosciences, Inc. dated November 2, 2001. Grantor has performed a geological report and
evaluation, prepared by Spears Engineering Technical Services, Inc., dated May 3, 2004.
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. 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.
DATED this
GRANTOR: AIA International Ventures, Inc.
a Washington corporation
By: v a7
Print Name:
Its: pret ...dal f
n c
STATE OF WASHINGTON
COUNTY OF KING
/%ojic,k, y,,, j k L, e
On this 9 to day of GrA1/2\ 2004 before me a Notary Public in and for the
State of Washington, personally appeared Illtkgwnnn&c, A t
to ive known to be the 1__ of A2 n'ei na H;onu l 1cfl rut ,tS 'rn
a Iihi o,., corporation that executed the foregoing instrument, and acknowledged it to be
the free 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 WIINIESS \TIlEREOF, I have hereunto set my hand and official seal the day and year
first above written.
day of k. v 2004.
SS.
Name: 1-Nf1 .S NL l t3S
NOTARY PUBLIC, in and for the State of Ic
Washington, residing at E.4-4 v r�
My commission expires: 0 (,92)101C0`6
ATTEST:
DATED this lo ft-1 day of Lei %C 2004.
GRANTEE: CITY OF TUKWILA
5 c_
Mayor
i G
City Clerk
STATE OF WASHINGTON
ss.
County of King
On this 7 day of/2(L{_% t/i z/ 20 6 before me, the
undersigned, a Notary Public in and for the State .f Washington, duly commissioned and sworn,
personally appeared V.11 1 �L r and
fin ,C 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.
WITNESS my hand>eTftbi) hereto affixed the day and year above written.
Printni i n f 1 <e1
NOTARY PUBLIC in and for the
St e of ipgto p at
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT 1
HEL WIGS ADD TO FOSTER UNRE POR ION OF GOV LOT 1 IN NE 1/4 OF SE 1/ OF
SECTION 15 -23 -0 BEGIN SW CORNER OF GOV LOT 1 T- N 59 -55-42 E 270 FT Tri N 57-4:-
12.5 362.11 i TO SWLY MARGIN OF CO ROAD TH NUeLY ALONG SAID ROAD MARGIN 1201
_GINNING CH s 57 -41 -12 5 W 100.31 F
FT ii TO NWLY :'.!?RGIN OF AN ALLEY AND POINT OF B J
MARGIN OF CO ROAD49 95
i N 31-08-30 W "S FT -'r: NELY 100225 r i TO POINT ON SAID
NWLY OF POINT OF BEGINNING i H SELY ALONG SAID ROAD MARGIN 49.95 FT
TO POINT OS BEGINNING T GW PORTION OF VACATED ALLEY ADJOINING
EXHIBIT B
DEPICTION OF SENSITIS AREAS