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34��� $e�en;c4� Dr. AFte� record�� <br /> 9, reiw�„ iQ: <br /> �'A�i m�k�� <br /> C��ly o� Eoe�efF P�61:� 1'er�;cty. <br /> 320o Cedor.Ff: . <br /> =VGrC}} wq 9820� <br /> HOLD HARMLESS AGREEMENT <br /> THIS HOLD HARMLE88 AGREEMENT is entered into by and between <br /> William J. Rucker, in his separate capacity, and William D. Rucker <br /> and Carole J. Rucker, husband and wife, (hereinafter collectively <br /> "Rucker") and the City of Everett, a municipal corporation, <br /> (hereinafter "City��) . <br /> A. Rucker owns certain property in the City (the "Rucker <br /> Property") which is accessed by a portion of a public right of way, <br /> Sevenich Drive. The legal description of Sevenicn Drive is <br /> attached hereto as Exhibit "A" and incorporated herein by this <br /> reference. <br /> B. The southerly ninety (90) feet, more or less, uf Sevei�ich <br /> Drive, which provides the access connection to the Rucker Property, <br /> is in disrepair and has not been maintained by the City as a public <br /> street. <br /> C. The City is willing to allow Rucker to utilize Sevenich <br /> Drive for access and utility purposes if Rucker assumes full <br /> responsibility for its use and holds the City harmless from the <br /> maintenance and repair responsibilities for the southerly ninety <br /> (90) feet of Sevenich Drive. <br /> • D. Rucker is willing to undertake the repair and maintenance <br /> � obliqation for the southerly ninety (90) feet of Sevenicii Drive in <br /> order to be able to utilize that right of way for access and <br /> utilities. <br /> NOW, TBEREFORE, in consideration of the mutual covenants <br /> contained herein and other good and valuable consideration, the <br /> parties agree as follows: <br /> 1. The City agrees that Rucker may undertake maintenance and <br /> repair activities on the southerly ninety (90) feet of Sevenich <br /> Drive to make and maintain that right of way suitable for access <br /> and utility purposes to serve the Rucker Prcperty. <br /> 2 . Rucker agrees to assume full responsibility for <br /> utilization of the southerly ninety (90) feet of Sevenich Drive for <br /> access and utility purposes and to save and hold the City harmles� <br /> from the cost and expense of repair and maintenance activities to <br /> the southerly ninety (90) feet of Sevenich Drive which are <br /> necessitated by Ruckers' use of that right of way. For such repair <br /> and maintenance activities, Rucker shall initiate repairs and <br /> maintenance as may be necessary to maintain that right of way in an <br /> adequate condition for Ruckers� use. Rucker further agrees to <br /> indemnify and hold the City, its officers, employees and agents <br /> xrvc:7vz.a:s�iM�.i - 1 - <br />