HomeMy WebLinkAbout2019 - Sensitive Area Covenant and Hold Harmless Agreement - Cary Lang Construction, Inc - 20191114000567WHEN RECORDED, RETURN TO:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
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NOTICE OF SENSITIVE AREA Rec: $100.50
11114/2019 10:59 AM
KING COUNTY, WA
Grantor: Cary Lang Construction, Inc., a Washington State Corporation
Grantee: The City of Tukwila, a Washington municipal corporation
Legal Description (Abbreviated): A Portion of the SE1/4 of the NW 1/4, Sec. 23, T. 23 N., R. 4
E., WM.
Full Legal Description: Lots 9 and 10, Summit View Addition to Tukwila, according to Plat recorded
in Volume 17 of Plats, Page 68, in King County, Washington.
Subject to Easements, Restrictions, Exceptions, and Reservations, if any.
Assessor's Tax Parcel ID Numbers: 808860-0045 / 808860-0047
SENSITIVE AREA COVENANT AND HOLD
HARMLESS AGREEMENT
This covenant and hold harmless agreement is entered into between Cary Lang
Construction, Inc., a Washington State 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 above.
WHEREAS, a portion of the Property contains sensitive areas and the Property is
adjacent to sensitive areas of potential geologic instability (potential slide areas).
WHEREAS, as a condition of the issuance of 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 Building permit
approvals under permit nos. D19-0138 and D19-0139 for the Property.
Page 1 of 4
WHEREAS, Grantor has performed a geological report, prepared by
Ages Engineering, LLC, dated April 6, 2018.
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 hannless 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 on page 1 of this agreement.
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.
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.
Page 2 of 4
IN WITNESS WHERE0F, said individuals have caused this in.strum.ent to be executed this
) day of ) 2019.
Authorized Signature / Grantor
STATE OF WASHINGTON)
)ss.
County of King
I certify that I know or have satisfactory evidence that Cary Lang is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the 0
of Cary Lang Construction, Inc., a corporation, to
be the free and voluntary act of Such party for the uses and purposes mentioned in this
instrument.
Dated
0141"tt „N 41'0' 1;
Notary Public in and for
residing at
My appointment expires
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the State of Washington
DATED this
day of , 2019.
GRANT ITY OF TUKWILA
Mayor
Attest/Authenticated:
CityClerk
Approve o Form:
City Attorney
Ar44
STATE OF WASHINGTON )
)ss.
County of King
On this 5tti day of )P"ekll be , 2019, before me, the undersigned, a
Notary Public in and for the State of/Washington, duly commissioned and sworn, personally
appeared Allan Ekberg, known to me to be the Mayor 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 was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year above written.
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