3501 COLBY AVE 2018-01-01 MF Import

r r 3• TANGLIN agrees to be solely responsible and liable for any and all disruption of public systems caused by TANGLIN'S construeticn. 4. As a material consideration to the CZTY for entering into the Agreement, and without whieh the CITY would not enter into same, TANGLIN agrees to, and hereby does, release, indemnify and save harmless the CITY, its officers, agents and employees, from and against any and all liability, ioss, cost, damage, expense, actions and claims for personal in,juries, including death, regardless of cause, suffered by any person whomsoever while upon the CITY right-of-way premises in connection with the construetion, improvements, maintenanee, repairs, modifications or alteration of TANGLIN pro,jeet, or the personal in�uries, including death, suffered by any person whomsoever or arising out of damage to or destruetion of property of any party whomsoever, including the parties hereto, in any manner arising out of or caused or contributed to by the TANGLIN'S use of CITY right-oi'-way. All referenees herein to indemnification include but are not limited to attorneys' fees and court costs. 5. TANGLIN and CITY agree that this Agreement in binding on each parties respective heirs, successors or assigns and shall run with the land. 6. As TANGLIti intends to construct improvements on and above the right-of.-way, the CITY may proceed in the Snohomish County Superior Court and seek damages and/or an in�unetion agalnst TANGLIN for any breach of the covenants or agreement herein contained. As long as TANGLIN observes the covenants and agreement herein contained this Agreement shall remain in full forcP and effeet and shall expire on the earlier of TANGLIN'S improvements being removed or May 1, 2096. ?ANGLIN JACK H. WHITELEY IRIS CLARE WHITELEY STATE OF WASHINCTON ) ) ss. COUNTY OF KING ) � � :.�=e�a�v� -2- � J