HomeMy WebLinkAboutLa Pianta LLCPERMIT FOR LIMITED USE OF REAL PROPERTY AND
HOLD HARMLESS AGREEMENT
Effective as of the . -.~o day of ,~'"~ Ar.~~ ,1998, THE CITY OF AUBURN,
WASHINGTON, a Washington municipal corporation, whose address is 25 West Main Street, Auburn,
Washington 98001-4998, ("Permit'tee") hereby acknowledges and agrees to the following:
WHEREAS, Permittee desires to cross property owned by La Pianta Limited Parmership, a Washington
limited partnership ("La Pianta") and consisting of a portion of Tax Pamel 292105-9006 for the purpose
of installing test wells and conducting aquifer tests and monitoring, approximately 500 to 175.0 feet south
of the White River and approximately 400 to 800 feet west of overhead power lines, as more particularly
depicted on the sketch maps attached as Exhibit "A" and Exhibit "B" (the "La Pianta Prnperty"). The
legal description &the La Pianta Property is attached as Exhibit "C". Exhibits "A", "B" and "C" are
attached hereto and incorporated herein by this reference.
WHEREAS, Permittee has requested La Pianta's permission to allow Permittee to enter upon the La
Pianta Property in order to install said test wells on the La Pianta Property, to gain temporary access for
drilling equipment from Stuck River Drive for purposes of such installation, and in order to taJke
measurements as necessary to test and monitor said wells;
NOW THEREFORE, in consideration of the terms and conditions hereof, LA PIANTA LIMITED
PARTNERSHIP hereby grants to Permittee the right to enter upon the La Pianta Property for the sole
purpose of installing said test wells and conducting aquifer tests at the locations as shown on Exhibits "A"
and "B", and for conducting minor earthwork necessary to gain access for purposes of such installations
and testing, and for taking measurements as necessary to monitor said test wells in the area shown on
Exhibits "A" and "B", and for no other purpose.
Wells will be installed by a licensed well driller and will be constructed in accordance with WAC 173-
160 Minimum Functional Standards of Construction and Maintenance of Water Wells.
Wells installed under this agreement will be locked by the Permittee during periods of testing ;md
monitoring unless measurements are being collected. The Permittee will decommission wells at the end
of the project period. Wells will be decommissioned in accordance with the rules of the State of
Washington as specified in Washington Administrative Code ("WAC") Chapter 173-160-38 I.
La Pianta represents that it is the lawful owner of the La Pianta Property and has a good and lawful right
to execute this Permit.
Permittee shall conduct all activities on La Pianta's property so as to be in compliance with all
governmental and other regulations applicable thereto.
Permittee shall accomplish any and all work or activities hereunder in such a manner that private
improvements shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they
will be replaced in as good a condition as they were immediately before the property was entered upon by
the Permittee.
Permittee shall provide La Pianta, without charge, copies of all data obtained and all reports prepared
from data obtained in connection with this Permit.
PERMIT FOR LIMITED USE OF PROPERTY AND HOLD HARMLESS AGREEMENT
City of Aubum
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This permit shall be valid as of the date of execution hereof by both parties and shall expire at the end of
the day of December 31, 2000, unless sooner terminated. This Permit and Agreement may be terminated
by either party herein upon ten (10) days prior written notice.
This permit is for the benefit of the City of Auburn exclusively and may not be assigned to any other
person or entity, and the obligations of the City hereunder shall survive the expiration of this Permit.
For and in consideration of the rights granted to Permittee hereunder, Permittee hereby agrees to protect,
defend, indemnify and hold La Pinata, its agents, employees and assigns harmless from and against any
and all claims, damages, suits, costs and liabilities for damage or destruction of any property and for
injury or death of any person arising out of or in connection with the activities of Permittee in connection
with this permit, to the fullest extent permitted by law.
Permittee shall obtain, maintain and pay the premiums for comprehensive general liability and automobile
liability insurance from companies and in forms and limits acceptable to La Pianta, which policies shall
name La Pianta Limited Partnership as an additional insured and shall specifically refer to and cover the
terms, conditions and obligations of this agreement. A certificate of insurance evidencing such coverage
shall be delivered to La Pianta Limited Partnership prior to commencement of Permittee's uses authorized
hereunder.
Each signato~ to this agreement represents and warrants that he/she is authorized to execute same on
behalf of the City of Auburn and such signature shall bind the City of Auburn to the terms hereof.
This Permit and Agreement may be executed in multiple identical counterparts and when fully executed
shall be effective as of the date first above written.
LA PIANTA LIMITED PARTNERSHIP,
a Washington limited partnership
By Metro Land Development, Inc.
a Washington corporation,
Its General Partner /~ff
By: .~. ~.~e~e ~'f~-~
Title: President
THE CITY OF AUBURN
a Washington municipal corporation
City of Auburn
Pag~ 2 of 6
STATE OF WASHINGTON )
COUNTY OF KING ~ )
On this ..~day of ~ , 19__,~__~, before me, the undersigned, a Notary
Public in and for the State of V)/ashington, duly co,.,fimissioned and sworn, personally appeared M. A.
Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the
corporation acting as general partner of La Pianta Limited Partnership, a Washington limited partnership,
d/b/a Segale Business Park, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of Metro Land Development, Inc. as general parmer,
and of La Pianta Limited Parmership, d/b/a Segale Business Park, for the uses and purposes therein
mentioned; and on oath stated that he was duly elected, qualified and acting as said officer of the
corporation and that he was authorized to execute the said instrument on behalf of Metro Land
Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the
corporation was authorized to execute said instrument on behalf of La Pianta Limited Partnership, d/b/a
Segale Business Park.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
." ~.,I~ .......
COUNTY OF KING
(Print or stamp name of Notary)
Notary Public fg~the Sm3e of Washington,
residing at ..-~: //
My appointment expires:
)
) SS.
)
I cemfy that I know or have satisfactory ev,denee that O,lfk~'~ S44 V~'~ ~ax(O,~,--, is/are
the person/persons who appeared before me, and said person/p~rsons acknowledged that he/she/they signed
this instrument, on oath state, d that h.e/she/~?y was/were authorized to execute the instrument and
acknowledged itasthe~'~O, 030A.~ L}l'x~'a.A.~ of Auburn, Washington, a Washington
corporation to be the free and voluntary act of such corporation for the uses and purposes mentioned in the
instrument.
Dated: h ~' ~"~" -~ Y
..- ,v..? ..'.'. ~',. '.,.'~ -~ ',. ' ~.'
~ ". ~ PB~ΒΆΒΆ ~.: ~fi(Print or stamp name of Notary)
~..tP2?'.**O~,,,~ xq:'~ffNotarv Public ford/he State of Washington,
~.~ .... ~.. . .
My appointment expires: n~-
PERMIT FOR LIMITED USEOF PROPERTY ANDHOLDHARMLESSAGREEMENT
City of Aubum
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AUBURN
GAmE
MUCKLESHOOT
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CITY OF AUBURN
47th ST SE
Proposed Test Well Site
EXHIBIT 'A'
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EXHIBIT "C"
The Southeast quarter of the Northeast quarter of Section 29, Township 21 North, Range 5 East, W.M., in
King County, Washington;
EXCEPT the South 30 feet of said subdivision conveyed to King County for Southeast Stuck River Road
Extension by deed recorded under King County Recording No. 5853044.
PERMIT FOR LIMITED USE OF PROPERTY ~ HOLD HARMLESS AGREEMENT
City of Auburn
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