HomeMy WebLinkAboutLodges, The - Indemnification, Release and Hold Harmless Agreeme II III 11 IIIII I III liii I I I II I I III
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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-)
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Yakima County Auditor File#7973906 Page 4 of 4