HomeMy WebLinkAboutAndale Investments, LLC - Hold Harmless AgreementReturn Address:
City of Yakima Planning Department
129 N. 2nd Street
Yakima, WA 98901
Document Title: HOLD HARMLESS AGREEMENT BETWEEN ANDALE
INVESTMENTS, LLC AND THE CITY OF YAKIMA
GRANTOR: ANDALE INVESTMENTS, L.L.C.
GRANTEE: CITY OF YAKIMA
Legal Description:
Section 30, Township 13 North, Range 18 East, W.M.: Plat of Cottonwood Grove
Phase No. 1 & 2 Lot 1-54. Situated in Yakima County, State of Washington.
Assessor's Property Tax Parcel Number: 181330-12458
HOLD HARMLESS AGREEMENT
THIS HOLD HARMLESS AGREEMENT ("Agreement") is hereby entered into by
Andale Investments, LLC, a Washington limited liability company, which holds harmless
the CITY OF YAKIMA, a municipal corporation, its agents, assigns, elected and
appointed officials, employees and volunteers, as follows:
1. Andale Investments, LLC acknowledges that there is a City of Yakima
easement running through the following real property, owned by Andale:
181330-12458, known generally as 8708 MacLaren Street, the legal
description of which is Section 30, Township 13 N., Range 18 E.W.M.:
Plat of Cottonwood Grove Phase No. 1 & 2 Lot 1-54, in the City of Yakima
(know herein as the "Property")
and built a deck which overhangs and encroaches on the easement area which could
interfere with future maintenance and operation of the City's utilities.
2. Andale Investments, LLC voluntarily assumes and freely chooses to incur
any and all risk of loss, damages, or injury that may occur or arise from any construction
activities undertaken on the Property which occur on, within, above or over the City of
Yakima's public utility easement(s), which easement is shown and described on Exhibit
"A" attached hereto.
3. Andale Investments LLC voluntarily assumes and freely chooses to incur
any and all risk of loss, damages, or injury that may occur or arise from the construction,
maintenance and existence of a deck over, above, in, though, and upon the City of
Yakima's easement located on the Property.
4. Andale Investments LLC understands and assumes all risk of loss
associated with any future use of the easement area by the City of Yakima and
understands and agrees that the City of Yakima has the ultimate right to determine if the
deck is impeding or otherwise obstructing the City's use of its easement in a manner that
is detrimental to the needs of the City of Yakima, in the sole determination of the City of
Yakima.
5. Andale Investments LLC, for itself and on behalf of its successors or
assigns, holds harmless the City of Yakima, its elected and appointed officials, agents,
officers, and employees from any claims, demands, liens, lawsuits, administrative or
other proceedings, judgments, awards, losses, liabilities, damages, penalties, fines,
costs and expenses of any kind (including attorneys' fees) made by Andale Investments
LLC, and its successors or assigns, or any third parties, arising out of, or related to any
injury, damage or destruction to any person or any property caused by any means by
Andale Investments LLC, its agents, assigns, invitees, subcontractors, employees or
volunteers, as a result of any construction activities undertaken at the Property within the
City of Yakima's easement.
6. Andale Investments LLC holds harmless the City of Yakima, its elected
and appointed officials, agents, officers, and employees from any claims, demands,
liens, lawsuits, administrative or other proceedings, judgments, awards, losses,
liabilities, damages, penalties, fines, costs and expenses of any kind (including
attorneys' fees) made by Andale Investments LLC or any third parties, arising out of or
relating to any injury, damage or destruction to any person or property caused by any
means by Andale Investments LLC, its agents, assigns, invitees, guests, subcontractors,
employees or volunteers, as a result of the construction, maintenance and/or existence
of a deck over, on, above, in, though, within or upon the City of Yakima's easement
located on the Property.
7. This Agreement was voluntarily entered into by Andale Investments LLC.
Andale Investments LLC has read and understands the information in this Agreement
and hereby agrees to all the terms contained herein.
8. The City of Yakima's signature only indicates an acceptance of the
Agreement and that it understands that the easement will be used for only for the
purposes mentioned herein.
9. This Hold Harmless Agreement shall run with the land and is binding on
the parties and their successors in interest and assigns. It shall be recorded by Andale
Investments, LLC within five days of execution by both parties.
DATED this day of April, 2017.
ANDALE INVESTMENTS, LLC
CITY OF YAKIMA
By: Andy 'imkus, Member By• tiff o: re, City Manager
STATE OF WASHINGTON )
) ss.
County of Yakima )
ATTEST:
By
Sonya Claar Tee, City Clerk
CITY CONTRACT NO: -2O / 7-6 5"/
RESOLUTION NO: h / a
I certify that I know or have satisfactory evidence that Cliff Moore is the person who
appeared before me, and said person acknowledge that the signed this instrument, on
oath stated that he was authorized to execute the instrument and acknowledged it as
City Manager for the CITY OF YAKIMA to be the free and voluntary act of such party for
the uses and purposes mentioned in this instrument.
DATED this / 84-4' of
STATE OF WASHINGTON )
County of Yakima )
ss.
, 2017.
Print Name: ICS, „_
Title:
My Commission Expires: i - I a- ao
I certify that I know or have satisfactory evidence that
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020
ANDY SIMKUS 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 this
instrument on behalf of Andale Investments LLC, and acknowledged it as the member of
Andale Investments LLC, to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED this (
of Q A,{X , 2017.
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Print Name: Su 1I),c-�
Title: Nvi
My CommissionExpires: j - -0)- I