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HOLD HARMLESS AGREEMENT
FOR BOUNDARY LINE ADJUSTMENT BETWEEN
THE CITY OF AUBURN AND JASON & AMY COLE
THIS HOLD HARMLESS AGREEMENT, hereinafter also referred to as the
"Agreement," is entered into effective on the _31_ day of August , 2009, by
and between the City of Auburn, hereinafter referred to as the "City," and Jason E. Cole
and Amy R. Cole, hereinafter referred to as the "Applicant," in connection with the real
property described herein, for the purposes and on the terms and conditions set forth
herein.
WHEREAS, the Applicant has applied for City of Auburn Boundary Line
Adjustment No. _09-0002_ ("BI.A") for his property located at the common address of
850 Oravetz Road SE ("Property"); and
WHEREAS, the normal City procedure is to require the signature of all parties
having an interest in land, including banks or financial instdutions holding a security
interest, to sign the record of survey format document to be recorded for the BLA for
such land; and
WHEREAS, Washington Mutual Bank, which was recently acquired by
JPMorgan Chase Bank, holds a security interest in the Property; and
WHEREAS, the Applicant has not been able to secure written documentation
from Washington Mutual agreeing to the proposed BLA; and
WHEREAS, the Applicant wishes to go forvvard with the BLA in a timely manner;
and
WHEREAS, the proposed BLA does not purport to reduce or lessen the security
interests of the Washington Mutual Bank or it successor, JP Morgan Chase Bank
NOW THEREFORE, for good and sufficient consideration and the mutual
promise and covenant contained in this agreement, the Applicant and City agree as
follows:
1. Description of Property. The real property ("Property") that is the subject of
this Agreement is located at 850 Oravetz Road SE, Auburn, Washington, (King
County Tax Parcel Nos. 3121059018 and _3121059070_).
2. Hold Harmless and Indemnification. The Applicant hereby agrees to protect,
defend, indemnify and hold harmless the City of Auburn and its elected and
appointed officials, agents, and employees from and against any and all
damages, losses, penalties, settlements, costs, charges, attorney fees, or other
expenses or liabilities of any kind, whether brought by the Applicant, Washington
Mutual Bank, JPMorgan Chase Bank, or a third party, and whether direct or
indirect, in connection with, or as a result of, the City's acceptance of the BLA
application and its approval or denial of the BLA, without a signature from
Washington Mutual Bank.
3. Securing Bank Signature. The Appticant shall make all reasonable efforts to
secure documentation acceptable to the City that Washington Mutual Bank or it
successor, JPMorgan Chase Bank agrees to the BLA, and, 'rf such
documentation is obtained, shall present such documentation to the City no less
than thirty days after City approval of the BLA.
4. Applicable Law. This Agreement shall be governed by and be interpreted in
accordance with the laws of the City of Auburn and the State of Washington.
5. Binding Effect This Agreement shall be binding upon and inure to the benefit
of the successors of each party hereto.
6. Modification. This Agreement sha{I not be modified or amended except in
writing signed by the City and Applicant or their respective successors in interest.
7. Disclosure Upon Transfer. The Applicant agrees that in the event of a
proposed sale, gift, transfer, segregation, assignment or devise of the Property,
the Applicant shall disclose the existence of this Agreement to the interested
party. The Applicant shall also transmit a copy of this Agreement to Washington
Mutual Bank and JPMorgan Chase Bank, or their successors in interest
immediately following its execution, and shall submit documentation to the City
showing how and when the copy was transmitted.
8. Rights and Remedies. In the event that Washington Mutual Bank, or
JPMorgan Chase Bank, or/their its successors in interest oppose the BLA or its
reconfiguration, and files a claim and/or a lawsuit naming the City or takes any
action against the City, the City shall be entitled to enforce the indemnification
and hold-harmless provisions of this Agreement by attaching the Applicant's
property or successor(s) in interest's property affected by the BLA, and may take
any other action or pursue any other remedies available under the law.
9. No Presumption Against Drafter. Both parties to this Agreement have had the
opportunity for this Agreement to be reviewed and revised by legal counsei, and
no presumption or rule that ambiguity shall be construed against the party
drafting the document shall apply to the interpretation or enforcement of this
Agreement.
IN WITNESS WHEREOF, the undersigned have set their hands the day and
date set out next to their signatures.
CF AUBURN
.
Peter B. Lewis, Mayor
Attest:
Danielle E. Daskam, City Clerk
d as ~Form:
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; City AttorRey
APPL ANT
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ason E. Cole
Amy R. e