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Home My WebLink About2005 - Sensitive Area Covenant and Hold Harmless Agreement - Greer Gary B - 20051130000833Retum Address: Parties: Other: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): Sensitive Area Covenant and Hold Harmless Agreement City of Tukwila, \VA 6200 Southcenter Boulevard Tukwila, WA 98188 Greer Gan B. Last First Initial Secure Capital Investments #2 LLC Company Name (if business) P.O. Box 25127 Address 1111311 CITY OF TUKUIL COY 68.00 PAGE001 OF 005 KINGOCOUNTY10Uii5 ENTD DEC 1 2005 Seattle WA 98125 City State Zip r L II Legal Description: A Portion of the SE A NE r of the NW'/ Sec. 15, T.23N., R.4E., W.M., King Countv, Washington Assessor's Property Tax ParcellAccount Number(s): 734060 -0930 ENT'D DEG 3 0 2005 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Reference Number(s) of Related Document(s): Grantor: Secure Capital Investments #2 LLC Grantee: The City of Tukwila Legal Description (Abbreviated): A portion of the SE1 /4 NE1 /4 of the NW1 /4, 15- 23 -04. Full Legal Description: The West 68.65 feet of the East 188.65 feet of the South 217.65 feet of Tract 60, Riverside Interurban Tracts. according to the plat thereof recorded in volume 10 of Plats, page 74, in King County, Washington; except the West 8 feet of the North 40 feet thereof. Assessor's Tax Parcel ID Numbers: 734060 -0930. SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Secure Capital Investments #2 LLC, a Washington limited liability company, ("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 "Propert legally described above. WHEREAS, a portion of the Property contains and is adjacent to sensitive areas of potential geologic instability (potential slide areas) as depicted in Exhibit 'A', 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 short plat approval under permit no. L03 -073, land use permits, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological report, prepared by Earth Consultants, Inc., dated October 15, 2003. 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 above. 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 ha ess 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 day of GRANTTOR: Secure Capital Investments it2 LLC B Print Name: Its: a Washington li ?ted liability co gyp. STATE OF WASHINGTON )ss. COU\TTY OF KING I certify I have know or have satisfactory evidence that is%the person(s) who appeared before me, and said person) acknowledged that he /she /They signed this instrument on oath stated that he /she/tlaey washverE authorized to execute the instrument and acknowledge as the Manager' of the Secure. CCcpifa Zn✓etfinents 11 2_ alimited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Dekker 7 20o5 (l c te- u.. /2a,c .iolz,Le 2 2oo, Cary Greer Alice A. Deac Notary Public in and for'the State of Washington residing at Renton My appointment expires 6 -112-Dg DATED this aLii day of (.X' c-C.CGhJ 200 GRANTEE: CITY OF TUKWILA crn ATTEST: Mayor 4& PLC GC Ci City Clerk STATE OF WASHINGTON ss. County of King On this iq day of Cn 20 05_, before me, the undersigned, a Notary Public in and for the tate of W hington, duly commissioned and sworn, personally appeared and Jane `o 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 and official seal hereto affixed the day and year above writt °4 ''ERT H. o 'tt,. :mo oN o tig p m 9 y i a P UBLIC 1 'hQ F WAS print narnej7 t X j H Fo Ice NOTARY PUBLIC in and for the Sji,tg of Washington, residing at l,t w i l0.. Cmsn. eq. s -9 -07