6901 LOWER RIDGE RD 2016-01-01 MF Import

When Real City 3200 �/ recorded return to: Property Vlanager of Everett Cedar St., Everett WA 98201 HOLD HARMLESS AGREEMENT G9oi C� THIS AGREEMEN'I' entered into this � day of A- , 1994, by and between the City of Everett, a mu;iicipal ce:porahon under t e laws of the State of Washingron, hereinafter referred to as "Ciry", and Creg Owens, hereinafter referred to as "Owner". WHEREAS, City has utility easement over the following described property which is located in the County of Snohomish, State of Washington, and is more particularly described as follows: Exhibit "A" which is attached hereto and incorporateci he.rein by reference as though fully set forth; and WHEREAS, Owner has constructed a Deck �ver the above-described easement; and WHEREAS, in ]ieu of requiring Owner to remove said Deck, the City has agreed to allow the Deck to remain where it �s on the condition that Owner liold City harmless from any and all damage which may arise as the result of the Deck being located on the described easement. NOW, THEREFORE, in cansideration of the Agreements contained herein, Owner agrees as follows: 1. As a mate:ial consideration to the City for entering into this Agreement, and without which the City would not enter into same, Owner agrees to, and hereby does release, indemnify and promise tu defend and save harmless the City, its officcrs, employees and aaents, from and against any and all liability, loss, damage, expense, action and claims, including costs and reasonable attorney's fees incurred by City, its oFficers, einployees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of the Deck being located on or about the above-descnbed easement. 2. 3. Owner agrees that in the event that the City is required to do any work on or about the above-described easement and the Deck is required to be removed, then Owner agrees to remove said Deck and bear the entire cost and expense incuaed in connection thereH�ith. In the event City gives Owner nr,iice to remove said Deck or any portion thereoP and Owner fails tu move it, then the City is authorized to move said Deck or a�y portion thereof, and Owner agrees to pay promptly upon rendition of bill the cost thereof a��d [o hold the City hazmless from any damage resulting from stid removal. Prior to any constniction or the placement of any improvements on the above-descriEed property or any other sub�tantial activity by Owner on the above-described property, a notiFicaUon and plans for the same shall be submi[ted in writing ro the City Engmeer and no such work by Owner shall be commenced without the City Engineer's pnor written approval of the plans therefor; provided, however, nothing in this Agreement shall be der�med to impose any duty or obligation on thc City to determine the adequacy or su.fficiency of Owner's plans and designs, or to ascertain whether Owner's construction is in conformance with the plans and specifications approved by the City Engineer. All work performed by the Owner on the above-described property shall be in accordance wi[h the plans submitted to and approved by the City Engmeer and shall be completecl in a careful and workmanlike manner to the City Engin�;er's satisfaction. O�ry�n�� szn� fv C,,�y Cle�/c VOL �9�.�PAGE�O�'S �,r s��r-k:C��iKS 5-3e-9S