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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. c CAAAAa Print Name: Su 1I),c-� Title: Nvi My CommissionExpires: j - -0)- I