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Home My WebLink About09-085 - Pratej LLC - Sensitive Area Covenant and Hold Harmless Agreement (DRA Professioanl Building)09 -085 Council Approval N/A WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20090514000857 CITY 0 PAGE001 OF 005 KING Y, WA Grantor: PRATED, LLC, a Washington State limited liability company Grantee: The City of Tukwila, a Washington municipal corporation Legal Description (Abbreviated): A Portion of the SW1 /4 of the NW1/4 and a portion of the NW1 /4 of the SW1 /4, Sec. 14, T. 23 N., R. 4 E., WM. Full Legal Description is found on Exhibit `A' of this document. Assessor's Tax Parcel ID Numbers: 000300 -0038 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between PRATED, LLC, a Washington State 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 "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). WHEREAS, as a condition of the issuance of 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. Page 1 of 5 WHEREAS, Grantor assumed this obligation in order to obtain said Public Works approval under SEPA permit no. E08 -023, and/or construction permits for the Property. WHEREAS, Grantor has performed geological reports and evaluations, prepared by ABPB Consulting, dated December 3, 2008 and March 2, 2009; and completed a geotechnical peer review by Nelson Geotechnical Associates, Inc. (NGA), dated April 17, 2009. 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. 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. Page 2 of 5 5. 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. IN WITNESS WHEREOF, said individuals have caused this instrument to be executed this QA day of <"6LT L- 2009. VW_11- Grantor P e ty Owner STATE OF WASHINGTON) )ss. COUNTY OF KING I certify I have know or have satisfactory evidence that PC 'd V, c i N '4' -1 b (jc 4 v ;1j 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 acknowledge as the P o-wK t- of L L a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated `f 1 .2t.� —tom—, JO Z Q'"p2CG[ -J Y Notary Public in and f9r the State of Washington residing at „-...,j...._ My appointment expires 6 /LT /Z-6 Page 3 of 5 DATED this C day of GRANTEE: CITY OF TUKWILA J Va yy o ;r// Attest/A ithenticated: ,1�6 City Clerk v STATE OF WASHINGTON ss. County of King 2009. Approved As To Form by Y r7 y A On this g ill day of ff� O-vi 2009, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn, personally appeared Jim Haggerton, 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. `Cj e �Bi lip O°� �Q print name NOTARY PUBLIC in and for the State of Washington, residing at Suev,� c o fo 11\ 6 514 txP f a-s -9- 4 Page 4 of 5 EXHIBIT `A' LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE STEPHEN FOSTER DONATION LAND CLAIM NO. 38 IN THE WEST 1/2 OF SECTION 14 IN TOWNSHIP 23 NORTH OF RANGE 4 EAST W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE LOCATED AT THE INTERSEC11ON OF THE SOUTHEASTERLY MARGIN OF FOSTER STREET 52ND AVE SOUTH RIGHT OF —WAY WITH THE SOUTHWESTERLY MARGIN OF THE DUWAMISH— RENTON JUNCTION ROAD INTERURBAN AVENUE SOUTH RIGHT —OF —WAY; THENCE SOUTH 49'11'08" WEST, ALONG SAID SOUTHEASTERLY MARGIN, 83 FEET TO AN IRON PIPE HEREINAFTER REFERRED TO AS POINT "A THENCE CONTINUING SOUTH 49'11 "08" WEST, ALONG SAID MARGIN, 25.36 FEET; THENCE SOUTH 31'03'30" WEST, CONTINUING ALONG SAID MARGIN 147.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 23'49'16" EAST 189.97 FEET; THENCE NORTH 40'36'00" EAST TO A POINT WHICH BEARS SOUTH 49'24'00" EAST FROM SAID POINT "A THENCE NORTH 49'24'00" WEST TO A POINT ON THE SOUTHEAST LINE OF A TRACT CONVEYED UNDER RECORDING NO. 4081419 WHICH IS 110.00 FEET FROM SAID POINT "A THENCE SOUTH 40'36'00" WEST, ALONG SAID LINE 70.00 FEET; THENCE NORTH 49'24'00" WEST, ALONG THE SOUTHWEST LINE OF SAID TRACT, TO SAID SOUTHEASTERLY MARGIN; THENCE SOUTH 31'03'30" WEST, ALONG SAID MARGIN, TO THE POINT OF BEGINNING. The East 10 feet of Lot 13 and all of Lot 12, Block 2 of Hillman's Lake Front Addition to the City of Seattle Division No. 3, according to the Plat thereof recorded in Volume 10 of Plats, Page 78, In King County, Washington. Page 5 of 5