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Home My WebLink About2022 - Critical Area Covenant and Hold Harmless Agreement - Sami Alsamawi / City of Tukwila - 20220121000563Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -1 of 8 Record Date:l/21/2022 12:14 PM Electronically Recorded King County, WA Return to: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Above this line: reserved for Recorders use DOCUMENT TI 1,E: REFERENCE NUM BER(S) OF RELATED DOCUMENTS: GRANTOR; NTEE: Critical Area Covenant and I lollHarmless Agreement Additional reference numbers al page of document. ABBREVIATED LEGAL DESCRIPTRAIN: SAMI AISAMAWI 7ity of Tukwila,. a VTashingion .M.unicipal Corporation B “")0KVALE GARDEN TRS LOT 4 OF ['UK W lLA SHORT PLAT 1I 02-036 RI C ft20060215900004 LOCATED N LOT 17 OF SD PLAT Full legal on page 7 of document, ICING 'TAX PARCEL NUMBER: TII572001 4 City of Tukwila Critical' Area Covenant and Hold Harmless Agreement Page 1 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -2 of 8 Record Date:1/21/2022 12:14 PM King County, WA CRITICAL AREA COVENANT AND HOLD HARMLESS AGREEMENT This Critical Area Covenant and Hold Harmless Agreement ("Agreement") is entered into between SAMI ALSAMAWI ("Grantor), and the City of Tukwila, a Washington municipal corporation ("Grantee"), individually a "party" and collectively the "parties". 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; and WHEREAS, a portion of the Property contains sensitive areas of potential geologic instability (potential slide areas) defined by TMC 18.45.120 and as depicted in Exhibit B, which is attached and incorporated by reference; and WHEREAS, as a condition of the issuance of subdivision plat approval, land use permits, and/or construction permits for the Property and pursuant to TMC 18.45.130(D), the Grantee required the Grantor to execute and record this "Critical Area Covenant and Hold Harmless Agreement" to hold the City of Tukwila harmless from all Toss incurred as a result of any landslide or seismic activity, or soil disturbance; and WHEREAS, Grantor assumed this obligation in order to obtain said construction permit for the Property D21-0086; and WHEREAS, Grantor has performed Geotechnical Engineering Report for the City of Tukwila Development Permit No. D21-0084, prepared by Migizi Group, Inc., dated March 22, 2021 and submitted to Grantor on March 22, 2021; and WHEREAS, Grantor has approved and accepted the Geotechnical Engineering Report on March 22, 2021; and WHEREAS, Grantor has performed Plan Review Letter for the City of Tukwila Development Permit No. D21-0084, prepared by Migizi Group, Inc., dated July 7, 2021 and submitted to Grantor on July 7, 2021; and WHEREAS, Grantor has approved and accepted the Plan Review Letter on July 7, 2021; and 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: City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 2 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -3 of 8 Record Date:1/21/2022 12:14 PM King County, WA 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. 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives, releases, and discharges any right to assert any claim, known or unknown, against the Grantee, its officers, its elected and appointed officials, employees, agents, and assigns for any loss, or damage, directly or indirectly, to people or property either on or off the Property 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. This Agreement includes, but it not limited to, subsidence of the ground or loss of lateral support. Grantor further agrees to indemnify, hold harmless, and defend the Grantee (and its elected and appointed officials, employees, agents or anyone acting by or through the Grantee's authority) against any and all such injuries, property damage, loss of services or support, expenses, costs, general damages or other claims referred to in this paragraph, provided, however, that this Agreement shall not apply to 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 shall 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 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. City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 3 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -4 of 8 Record Date:1/21/2022 12:14 PM King County, WA 7. This Agreement may be amended or terminated only with the advanced express written consent of the Grantee as determined pursuant to its discretion. 7. It is the intent of the Grantor that this document shall not be extinguished by the doctrine of merger. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective, duly authorized representatives, as of the latest date this Agreement is executed by both parties. FOR GRANTOR: FOR GRANTEE: City of Tukwila Name crN i /1 (SG011 Name Title 0 01ei(' Title DATE: 4/ 3 f zN r DATE: NOTARY BLOCKS APPEAR ON FOLLOWING PAGE City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 4 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -5 of 8 Record Date:1/21/2022 12:14 PM King County, WA GRANTOR, f a .SC�r7 l�I Cezm vUt By: )w✓I eJ, 1072.0ZZ Title: STATE OF WASHINGTON ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence thatScA P15A new is the person who appeared before me and said person acknowledged tharVet signed this instrument, on oath stated that—e was authorized to execute the instrumenf' and acknowledged it as the --- of --------...._, to be the free and voluntary act such nonprofit corporation on behalf of such company on behalf of such partnership for the uses and purposes mentioned in the instrument. DATED: 1 " .D City of Tukwila Critical Area Covenant and Hold Harmless Agreement (Print �) T rry_._ L Residing at (4,11nA-L.-- My appointment expires: t — o .3 •••`t - Page 5 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -6 of 8 Record Date:1/21/2022 12:14 PM King County, WA GRANTEE: City of Tukwila, a non -chart yopt By �.. s ington munici Allan Ekberg Mayor ATTEST: By Cltztc4nf r 1n/re/tty City Clerk APPROVED AS TO FORM: B y CltCli�� oe. U�'Cutd City Attorney STATE OF WASHINGTON COUNTY OF KING } ) ss al corporation On this /G day of )1A -CC -(fu 2022, before me personally appeared Pri/qIi /2fC to me nown to be the Mayor of the City of Tukwila, and acknowledged said instr(ment to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. \\\\PYI IP,6e, 0 Commission Number /'! 195243 O Dalene B Qualls Z= My Appointment Expires 0 •-;:',As 10101)/2p25 City of Tukwila Critical Area Covenant and Hold Harmless Agreement k (LLQd.� (Signatude of Notary) ie Vie_ moo/( (Legibly Print or Stamp Name of Notary) Notary public in and for the State of Washington My appointment expires Page 6 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -7 of 8 Record Date:1/21/2022 12:14 PM King County, WA EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BROOKVALE GARDEN TRS LOT 4 OF TUKWILA SHORT PLAT #L02-036 REC #20060215900004 LOCATED IN LOT 17 OF SD PLAT City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 7 of 8 Instrument Number: 20220121000563 Document:COV Rec: $210.50 Page -8 of 8 Record Date:1/21/2022 12:14 PM King County, WA ti EXHIBIT B DEPICTION OF CRITICAL AREA 15' INGRESS, EGRESS & UTILITY EASEMENT KC REC. 020000669001621 INGRESS, EGRESS AND UTILITY EASEMENT KC REC. &20060 2 1 590000 4 12PRIVATE SANITARY SEWER EASEMENT KC REC. 020060215001458 AREA WITH 15`.: SLOPE OR GREATER NOT TO SCALE City of Tukwila Critical Area Covenant and Hold Harmless Agreement Page 8 of 8