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Home My WebLink AboutHH 9203030207 u - ECO T REQUE I OF ,r 'ICE OF THE CITY CLERK -� . RENTON MUNICIPAL BLDG. 200 MILL AVE. SO. RENTON,WA 98055 HOLD HARMLESS AND RELEASE AGREEMENT 4 ti This Hold Harmless Agreement is executed this 22_c-k day of January, 1992, by Eland Building Limited Partnership ( "Eland" ) . Recitals A. Eland is the owner of the real property ( "Property" ) legally described on Exhibit A attached hereto and incorporated K herein by this reference. The Property is part of Blume Distribution Facility (the portion of which is located on the Property the "Project" ) which is the subject of City of Renton File Nos. ECF-112-89 and SA-112-89 ( "Application" ) . B. The Application seeks site plan approval of the Project, a warehouse/office complex, including one structure, parking and service areas, landscaping and recreational amenities . 6 C. On April 11, 1990, the Environmental Review Committee P.- of the City of Renton issued a Revised Determination of CD Non-Significance Mitigated for the Project, which included inter CD alia, Condition No. 6 requiring a "Hold Harmless" Agreement CI') insuring that the municipality will not be responsible for any CD damage occurring to the site or developments thereupon resulting 07) from flooding on the Property. CD CV Com) NOW, THEREFORE, in consideration of the City of Renton' s issuance of site preparation/building permits and a certificate of occupancy for the Project, Eland agrees as follows : 1 . Hold Harmless . Eland covenants and agrees that it will, for the life of the Project, protect, defend and hold the City of Renton harmless from and against, and hereby releases the City from and against, any and all claims, demands, losses, damages , costs, charges, liabilities and attorneys ' fees arising from any damage occurring to the site or improvements located on the Property resulting from flooding on the Property, including, but not limited to, any flooding or damage to the site or improvements on the Property resulting from the existing retention or detention pond located on and adjacent to the Property; however, nothing herein shall require Eland to protect , defend or hold the City of Renton harmless from, or to release the City from, the consequences of the City of Renton' s • 01/02/92 -1- -qpo7-9.01- i-01/000/ilf 535,010.49.1 "IV . . , sole negligence, the sole negligence of any of the City of Renton' s agents or employees, or the consequences of any future development around the existing retention or detention pond. 2 . Agreement to Run With the Land. The burden of this Agreement shall be deemed to run with the land and shall be enforceable against Eland and its successors and assigns, including, without limitation any present and future owners of the Property or any portion thereof . ELAND BUILDING LIMITED PARTNERSHIP, a Washington limited partnership By: Monster Road Building Corp. , a Washington corporation, its general partner % By ) '\-.‘t-Ce.4-1-1.".'S -C g" S'd W. land, President STATE OF WASHINGTON ) ss . COUNTY OF KING ) This is to certify that on this day of January, 1992, ti personally appeared Sid W. Eland, Jr . to me known to be the President of Monster Road Building Corp. , a Corporation, to me , known to be a general partner of Eland Building Limited Partnership, the limited partnership that executed the within C=D and foregoing instrument, and acknowledged the said instrument O to be the free and voluntary act and deed of said corporation Com; and said partnership for the uses and purposes therein CD mentioned, and an oath stated that he was authorized to execute said instrument . Witness my hand and official seal the day and year in this certificate first above written. Com`,..-., -'� -- 8_,,,-- Y Notar Publ`. in and for he tate of Washington, residing at 11 My commission expires : 1Z 1�C��Z GEF-315 01/02/92 -2- .w. ..,...,", ,r iIt,., ..... I.., ✓ EXHI3IT A i • t " THAT:.PORTION OF THE NO EST•.QUARTER AND GOVERMENT LOT. 1., SECTION •24, TOWNSHIP 2:3 .NORTH. RANGE 4 EAST, MERIDIAN, IN KING COUNTY, • WASSZ2t+GTCN AND THE SOUTHWEST QUARTER AND GOVERNMENT LOT 6, SECTION 13, TOWNSHIP 23• NORTH, RANGE 4 • EAST, WILLAMETTE MERIDIAN, ALL IN KING - COUNTY. WASHINGTON, EOM PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCING AT TSE QUARTER CORNER! BETWEEN SECTION 13 AND 24, IN SAID TOWNSHIP AND RANGE; THENCE NORTH 87 DEGREES 26'48" WEST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 1214.00 FEET TO THE WESTERLY MARGIN OF COUNTY ROAD NG. 3, CHARLES: MONSTER !ROAD SOUTEWEST AND NOW 1 (OWN AS Oris:/. HILL ROAD; TACE• SOG:TH! 32 DEGREES 29'51" EAST, ALONG SAID WESTERLY. MARGIN 83.34 PEET TO A POINT OF TANGENT .CURVATURE CONCAVE TO TEE SOUTHWEST HAVING A . RADIUS OF 256.48 FEET; THENCE SOD'THITE A RLT ALONG: SAID _CURVE THROUGH AN ARC OF 31 DEGREES 04'57", AN ARC LENGTH 139.14 --FELT TO A POINT WHICH IS 30 FLET WESTERLY. PERPENpIC LAR TO SAID CENTEFI.INE or STEEL HILL ROAD; TEENSOUTH 01 DEGREES 24'51" EAST, ALONG SAID WESTERLY MARGIN 268.OQ FEST; THENCE SOUTH 8$ DEGREES 35'09" WEST 436.35 FEET; anzemez SOUTH 02 DEGREES 33'12" WEST 115.03 FEET; 'Xi NCE SOUTH 70 DEGREES 05'34" WEST 95.47 FEET; . THENCE SOUTH 83 DEGREES 37117* WEST 105.38 FEET; THENCE NORTH 1 DEGREES 22'43" WEST 437.90 FEET TO THE TRUE POINT OF _ BEGINNING; THENCE SOUTH 88 DEGREES 03.09" WEST 283.0422E2'; FEET; THENCE SOUTH 54 DEGREES 28'10" WEST 490.44. FEET TO THE EASTERLY MARGIN or THE cHTCAGO, MILWAUKEE, ST'. PAUL AND PACIFIC RAILROAD COMPANY RIGHT OP n... WAY; O TRENCZ NORTH 28 DEGREES 11'33" WEST ALONG SAID EASTERLY MARGIN 115.75 CV Fps CZ) M THENCE ON A CURVE TO THE RIGHT HAVING A RADIOS OF 411.73 PEST AND ALONG p SAID EASTERLY MARGIN 57.49 FEET;, • Cr, THENCE NORTH 20 DEGREES 11'332* •WEST ALONG SAID EASTERLY MARGIN 156.01 O Fes; . CV CT THENCE ON .A CURVE TO THE RIGHT HAVING A RADDIVS OF 523.68 FEET AND ALONG SAID EASTERLY MARGIN 419.12. 732T TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OP 667.96 FEET, •TE£ RADIUS POET OF WHICH SEARS NORTH 6 DEGREES 57'18". WEST; THENCE EASTERLY ALONG sup CURVE 102.86 FEET; THENCE-NORTH 83 DEGREES 41.02" EAST 60.83 FEET; • :HENCE NOATH 74 DEGREES 13'19" EAST, 47.80 FESS TO A POINT ON TEE SOUTHERLY MARGIN of CHARLES MONSTER COUNTY ROAD SOUTHWEST, SAID POINT BEING OPT A CURVE HAVING A RADIUS OP 238.99 FEET. THE RADIUS POINT OF WHICH BEARS NORTH 17 DEGA. = 19'04" OAST; TEEN= EASTERLY ALONG SAID. CURVE AND SOUTHERLY MARGIN 80.36 FEET; THENCE NORTH 88 DEGREES. 03'0.9" FAST ALONG SAID SOUTHERLY MARGIN 470.93 FEZT; - Tang= s0U h 1 DEGREES 56'31" EAST ALONG SLID SOUTH LY-MARGIN 10.00 FEET;;. THENCE NORM 88 .DEGREES 03'09" EAST ALONG SAID SOUTHERLY MARGIN 26.53 FEET. TO A POINT WHICH BEARS NORTH 1 DECREE'S 22'43" WEST FROM THE TRUE POINT OP BEGINNING; . THENCE SOUTH 1 DEGREES 33'',43" LAST 450.00 PRET TO THE TRUE POINT OP BEGINNING• • 6?.-91 • • • • • TOTAL P.04