HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR MAINTENANCE OF A PUBLIC RIGHT OF WAY

Transcription

1 Upon recording, please return to: City of Ferndale P.O. Box 936 Ferndale, Washington, **Draft only. Requires review/project specific edits by City attorney & applicant prior to finalizing** HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR MAINTENANCE OF A PUBLIC RIGHT OF WAY GRANTOR: MORNINGSIDE DEVELOPMENT GROUP GRANTEE: THE CITY OF FERNDALE LEGAL DESCRIPTION (Abbreviated): (Property Owner) The private roadway and easement located within the Bungalow Planned Unit Development (Please see Exhibit A, Site Plan) PARCEL NUMBER(S): RELATED DOCUMENT N/A N/A This Hold Harmless and Indemnification Agreement for Maintenance of a Public Right of Way (Agreement) is made this day of, 20, between the CITY OF FERNDALE, a municipal corporation of the State of Washington, 2095 Main Street, P.O. Box 936, Ferndale, Washington 98248, Washington (City) and MORNINGSIDE DEVELOPMENT GROUP (Applicant), located at 1735 Westlake Avenue, North, Suite 401 Seattle, Washington and within and upon the real property which is legally described on Exhibit A attached hereto and incorporated herein by this reference. For and in consideration of being granted a permit to utilize pavement within a private roadway located adjacent to a development owned and managed by the Applicant, the Applicant agrees, and covenants as follows: HOLD HARMLESS AGREEMENT Page 1 of 5

2 1. The Applicant shall be responsible for any and all maintenance and repairs associated with the drivable surface of the private roadways, including the preservation of the functions associated with the private roadway pavement. 2. In the event that the City of Ferndale is required to repair or otherwise maintain utilities within the alley, the City shall be responsible for completing the repairs and backfilling any excavation(s) with crushed gravel or similar material, in order to re-establish a temporary drivable surface until such time as a permanent improvement shall be put in place. 3. It shall be the responsibility of the Applicant or their heirs to make permanent repairs to the drivable surface of the roadway. 4. Applicant shall hold harmless, save and indemnify the City and its elected or appointed officials, members, employees and agents (collectively Agents) from all liability, losses and damages of any kind resulting directly or indirectly from the actions or omissions of the Applicant or Applicant s agents, employees, subcontractors, guests and/or invitees, or the City or its agents acting in the course of required or periodic maintenance of utilities, except losses and damages resulting solely from the negligent acts of the City or its Agents. This indemnification includes but is not limited to claims, legal proceedings or judgments, and attorney fees and legal costs, arising out of claims or proceedings (whether by Applicant s Agents or guests and/or invitees, or by any other persons or parties including without limitation members of the public) for minor damage to property, noise impacts associated with maintenance, bodily injuries, deaths and emotional claims or property damages of any kind, including tangible and intangible property and loss of use. Applicant waives immunity under the Industrial Insurance Act and assumes all liability for actions by the Applicant or its agents against the City. If the City is involved in any action on an indemnified claim, Applicant shall appear and defend the City at Applicant s expense (using counsel satisfactory to the City) and will pay any and all judgments in such an action. The City will give Applicant prompt notice of any indemnified action and cooperate in the defense. Applicant will give the City immediate notice of any action related to the utilities shown, including HOLD HARMLESS AGREEMENT Page 2 of 5

3 any need for required maintenance, provide the City with all information regarding the action, and cooperate with the City on the defense. EXECUTED this day of, 20 for APPLICANT: Signature By: Print Name Print Title HOLD HARMLESS AGREEMENT Page 3 of 5

4 STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were was authorized to execute the instrument, and acknowledged it as the of the Applicant to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20. PRINTED NAME: Notary Public in and for the State of Washington, residing at My Commission Expires HOLD HARMLESS AGREEMENT Page 4 of 5

5 EXECUTED this day of, 20 for the CITY OF FERNDALE: Mayor Approved as to Form: Department Head STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the Mayor of the City of Ferndale to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of, 20. PRINTED NAME: Notary Public in and for the State of Washington, residing at My Commission Expires HOLD HARMLESS AGREEMENT Page 5 of 5