4312 RUCKER AVE CAMPFIRE 2018-01-02 MF Import

NOW, THEREFORE, in consideration of the premises, and the mutual promises contained herein, the Owner and City agree as follows: I. As a material consideration to the City for entering into this agreement, and without which the City would not enter into same, the Owner, on behalf of itself, anyone claiming through it, waives and releases any and all Claims against the City, whether such Claims are presently known or unknown, and existing or that may exist in the future 2. As a material consideration to the City for entering into this agreement, and without which the City would not enter into same, the Owner hereby agrees to defend and indemnify the City from any and all Claims arising out of, or in connection with, the presence of the sign in the right-of-way. The Owner must defend and indemnify the City pursuant to this paragraph whether a Claim is asserted directly against the City, or whether it is asserted indirectly against the City. e.g.. a Claim is asserted against someone else who then seeks contribution or indemnity from the City. The Owncr's duty to defend and indemnify pursuant to this paragraph is not in any way limited to, or by the extent of, insurance obtained by, obtainable by, or required of the Owner. Solely and expressly for the purpose of its duties to indemnify and defend the City, the Owner specifically waives any immunity it may have under the State Industrial Insurance Law, Title 51 RCW. The Owner recognizes that this waiver of i :imunity under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4 24.1 15 and was the subject of mutual negotiation. 3. The Owner shall remove the sign promptly at its sole cost and expense if required by the City to accommodate future improvements within the right-of-way. If the City notifies the Owner it must remove the sign. whole or in part, and the Owner fails to remove it, then the City is authorized to remove the sign or any portion thereof. and the Owner agrees to pay the City promptly for the removal upon rendition of being invoiced for the cost of removal and for any damages resulting from said removal. d. Prior to any future sign construction on the above described property, or re -construction of the existing sign, or any other substantial sign related activity by the Owner on the above - described property, the Owner shall notify the City and submit written plans to the City and shall obtain any permit required at that time for such work. The Owner (or its contractor) shall not commence or perform any work without the Citv's prior written approval of the submitted plans. This Agreement does not impose any duty or obligation on the City to determine the adequacy or sufficiency of the Owner's plans and designs, any special relationship or duty of trust or confidence. or to ascertain whether work performed by or through the Owner conforms to the plans and specifications submitted to and approved by the City Engineer. 5. All work performed by the Owner on the above -described property, specifically with respect to future sign construction. shall be in accordance with the plans submitted to and approved by the City and shall be completed in a careful and workmanlike manner to the City's satisfaction. 6. As used in this Agreement: (1) "City" includes the City's elected officials. officers. employees, agents, and representatives and (2) "Claim;' or "Claim" includes, but is not