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HomeMy WebLinkAboutLodges, The - Indemnification, Release and Hold Harmless Agreeme II III 11 IIIII I III liii I I I II I I III * 7 9 7 3 9 0 6 4 * FILE# 7973906 YAKIMA COUNTY, WA 03/06/2018 09:42:29AM AGREEMENT PAGES: 4 VALUED CUSTOMER Recording Fee: 77.00 Return Address: City of Yakima Planning Department 129 N. 2nd Street Yakima, WA 98908 Document Title: CITY OF YAKIMA INDEMNIFICATION, RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE LODGES IN WEST YAKIMA, LLC GRANTOR: The Lodges in West Yakima, LLC a Washington limited liability company GRANTEE: City of Yakima Legal Descriptions: Lot 6 of that Short Plat recorded under Auditor's File Number 7966494, records of Yakima County, Washington. Tax Assessor's Parcel Nos.: 181329-14423 INDEMNIFICATION, RELEASE AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION and HOLD HARMLESS AGREEMENT ("Agreement") is hereby entered into by The Lodges in West Yakima, LLC, a Washington limited liability company, indemnifying and holding harmless the CITY OF YAKIMA as outlined herein. 1. The Lodges in West Yakima, LLC voluntarily assumes and freely chooses to incur any and all risk of loss, damages, or injury, including damages or injuries to third parties, that may occur or arise from the construction, decommissioning, removing or • otherwise altering the Drainage Improvement District#48 improvements abandoned by the City pursuant to Resolution 2018-021, and generally found the following properties • (hereinafter collectively referred to as "Property"): Lot 6 of that Short Plat recorded under Auditor's File Number 7966494, records of Yakima County, Washington Yakima County Auditor File#7973906 Page 1 of 4 2. The Lodges in West Yakima, 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 The Lodges in West Yakima, 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 The Lodges in West Yakima, LLC, its agents, assigns, invitees, subcontractors, employees or volunteers, as a result of any construction activities undertaken at the Property. 3. The Lodges in West Yakima, LLC agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, volunteers and employees from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, finds, costs and expenses (including legal fees, costs and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage, or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent or otherwise) resulting from, arising out of, or related to the abandonment, decommissioning, crushing, destroying, construction, use or removal of Drainage • Improvement District#48 pipes and/or facilities abandoned by the City under Resolution 2018-021. The Lodges in West Yakima, LLC further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. Such waiver has been mutually negotiated by The Lodges in West Yakima, LLC and the City. 4. The Lodges in West Yakima, LLC releases the City of Yakima, and its elected or appointed officials, officers, employees, agents and volunteers from any liability for injuries or damages to The Lodges in West Yakima, LLC, its successors, agents or assigns, and any third parties which may result in any way from the abandonment, decommissioning, or actions taken with regards to the DID#48 facilities abandoned pursuant to Resolution 2018-021. 5. This Agreement was voluntarily entered into by The Lodges in West Yakima, LLC. The Lodges in West Yakima, LLC has read and understands the information in this Agreement and hereby agrees to all the terms contained herein. 6. The City of Yakima's signature only indicates an acceptance of the Agreement and that it conforms with the intent of the City Council in passing Resolution 2018-021. Yakima County Auditor File#7973908 Page 2 of 4 7. This Indemnification, Release and Hold Harmless Agreement shall run with the land and is binding on the parties and their successors in interest and assigns. DATED this .2 f22- day of March, 2018. CITY OF YAKIMA THE LODGES IN WEST YAKIMA, LLC Cliff Moo , City Manager y�KlMq Byron Bo ATTE T: ..o d �CbL'' f • CITY CONTRACT NO: Pig-1 76 onto ;, By a RESOLUTION NO: rl7l./ Sony City STATE OF WASHINGTON ) ) ss. County of Yakima ) 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 c) of /,la/i , 20113. Notary PuUlic Prin me: uG State of Washington NO RY PUBLIC in and for the State of JULIA MONIQUE GONZALEZ Washington, residing at: MY COMMISSION EXPIRES My Commission Expires://2/1 71'9 December 17, 2019 • • ---1'-akima-Geur y-Auditor File tt 7973906 PaOP of 4 • STATE OF WASHINGTON ) ) ss. County of Yakima I certify that I know or have satisfactory evidence that Byron Borton 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 The Lodges of West Yakima, LLC, and acknowledged it as the (YLart a c�_¢_I of The Lodges of West Yakima, LLC, to be the free and voluntary act of such corporation for the uses and purposes mentioned in this instrument. DATED this 211i of MO.( C'-k- , 2013. Print Name: o''Nj gHf��b,� NOTARY PUBLIC in and for the tate of a.P�••"'*• 4`'', Washington, residing at: FS/rYtot. J.•�O�AR Y••'•� �� My Commission Expires: o�.,ti, nxii jai Zo2-) hr. o�y fo � a2 Z Apo s .0 Nj,•, Pumr •;�c,`c TF OF'W P`'�.�`• • • Yakima County Auditor File#7973906 Page 4 of 4