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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Pitzer Homes Inc - 20051130000834Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukvwila, WA 98188 011 11 I i E O [1 Hill 11 20051130000834 CITY OF TUKIJIL COY 69.00 PRGE001 OF 006 COUNT Y19, VA 45 ENT'D DEC 16 2005 KIING NN COUNT Above this line reserved for Recorder's use HOLD HARMLESS SENSITIVE AREA Grantor /Borrower: I !"Gci e;, ZM Grantee /Beneficiary: CITY OF TUKWILA, a municipal corporation of King County, Washington Document Reference Number(s): DO I 505 Section/Township /Range5y/ Z 3 04/ Assessor's Tax Parcel Number(s): 07610 -0/ 3i Property Legal Description (abbreviated): /V2 97 51-n- a Jam. So, 40 -12 I Butt v 04 a• s a dd iker, a s /e Ai-- J's Vo/vtnc- /7 O J %z a to /V, zeea,.is h c7 &.4/ &AJlX)fl7JJ✓! COVENANT AND HOLD HARMLESS AGREEMENT— Sensitive Area Paae f of ENT'D DEC 3 o 2005 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between c 1 ;n r; (Individual(s) (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, andior 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 attomey 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 Zed 7_ 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 assig,is. COVENANT AND HOLD HARMLESS AGREEMENT Sensi5ve Area Page L of 7 DATED this GRANTOR( GRANTOR( GRANTOR(s): /1 individual(s) STATE OF WASHINGTON COUNTY OF KING the day and year first above written. day of g(sy t/ST 200 C ss. On this 2 day of at)9v3k 200 <before me a Notary Public in and for the State of W shi ;igton, persona: app a S s rt 2C�2 o4-, i tat IA-n'4n05 r lne. and to me known to be the individual(s) that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said individual(s), for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was /were authorized to execute said instrument. IN WITNESS WHEREOF, I have here t my han Official seal Na �G inoune-tl. NO ARY PUBLIC, in and for the State of Washington, residing at Sea- \-V14 1/AJ My commission expires: Q Or1 1 t 9 1 Zot. Page V of 7 DATED this 24 day of 200 GRANTEE: CITY OF TUKWILA ATTEST: 1 City Clerk STATE OF WASHINGTON ss. County of King On this 26 day of Mayor WITNESS my hand and official seal here �eRT'H. gq p� o ,OTARY N P UBLtC t WASI the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, person ally appeared en M. M ,t and \jail& E. Catt'V J 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. COVENANT AND HOLD HARMLESS AGREEMENT Sensitive Area NOTARY PUBLIC in and for the State of Washington, residing at 20 before me, ffixed the day and year above written. Page of 1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 17, BLOCK 2, A.G. BERG'S ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGE(S) 14, RECORDS OF KING COUNTY, WASHINGTON. COVENANT AND HOLD HARMLESS AGREEMENT Sensfve Area Page Y/ of