HomeMy WebLinkAboutLa Pianta LLC PERMIT FOR LIMITED USE OF REAL PROPERTY AND
HOLD HARMLESS AGREEMENT
Effective as of the/~r~day Of ~_~, 2000, THE CITY OF AUBURN,
WASHINGTON, a Washington municipal corporation, whose address is 25 West Main St.,
Auburn, WA 98001-4998, ("Permittee') hereby acknowledges and agrees to the following:
WHEREAS, Permit-tee desires to cross property owned by La Pianta LLC, a Washington limited
liability company ("La Pianta") and consisting of a po[tion of Tax Parcels 292105-9006 and
292105-9002 for the purpose of monitoring test wells and conducting aquifer tests, said property
being described as, THAT PORTION OF THE EAST 800.00 FEET OF GOVERNMENT LOT 8
IN THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, R.g~IGE 5
EAST, W. M., LOCATED SOUTH OF THE WHITE RIVER, TOGETHER WITH ]?HAT
PORTION OF THE EAST 800.00 FEET OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 29, LOCATED NORTH OF STUCK RIVER
DRIVE, and as more particularly depicted on the sketch maps attached as Exhibit "A" (the "La
Pianta Property") and Exhibit "B" ("Access Agreement Area"). The legal description of 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 take measurements as necessary to test and monitor said wells;
NOW THEREFORE, in consideration of the terms and conditions hereof, LA PIANTA LLC
hereby grants to Permittee the right to enter upon the La Pianta Property for the sole purpose of
conducting aquifer tests at the locations as shown on Exhibit "B" and for taking measurements as
necessary to monitor said test wells in the area shown on Exhibit "B", and for no other purpose.
Wells installed under this agreement will be locked by the Permittee during periods of testing
and monitoring unless measurements are being collected. The Permittee will deconmaission
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
government and other regulations applicable thereto.
Permittee shall accomplish any and all work or activities hereunder in such a manner '[hat 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.
PERMIT FORLIMITED USE OF PROPERTY AND HOLD HARMLESSAGREEMENT
City of Aubum
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Permittee shall provide La Pianta, without charge, copies of all data obtained and all :reports
prepared from data obtained in connection with this Permit.
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, 2005, 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 expi[ration of
this Permit.
For and in consideration of the rights granted to Permittee hereunder, Permittee hereby agrees to
protect, defend, indemnify and hold La Pianta, its successors in interest, 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 LLC 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 LLC prior to commencement of
Permittee's uses authorized hereunder.
Each signatory 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 LLC,
a Washington limited liability company
By Metro Land Development, Inc.
a Washington corporation,
Its Manager
By:~
THE CITY OF AUBURN,
a Washington municipal corporation
By:
Christine M. Engler, P.E.
Title: President
Title: Director of Public Works
PERMIT FOR LIMITED USE OF PROPERTY AND HOLD HARMLESS AGREEMENT
City of Auburn
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STATE OF WASHINGTON )
COUNTY OF KING )
On this z~a'day of t41~o~', 2000, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared t~X. /k,
, to me known to be the person who signed as President of Metro Land
corporation acting as manager of La Pianta LLC, a Washingtun limited
liability company, d/b/a Segale Business Park, that executed the within and foregoing
instrument, and acknowledged said instnmaent to be the free and voluntary act and deed of Metro
Land Development, Inc. as manager, and of La Pianta LLC, d/b/a Segale Business Park, for the
uses and purposes therein mentioned; and on oath stated that he was duly elected, qmflified 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 LLC, d/b/a Segaie Business Park.
1N WITNESS WHEREOF I have hereuntq set my hand and official seal the day and year
first above written.
~ STATE OF WASHINGTON ~ ~'~c~ ,,, ~. ~_ L,.
] CO~,,~; F. qDN EXPIRES r ~ "~-
~k.~lS.?.~c.j):3 ~ (Print or sta.~np name oz~ouary)
~";~"'~'~'--~'~-~ Notary Public for the State of Washington,
Residing at ~
My appointment expires:
STATE OF WASHINGTON)
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Christine M. Engler is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the DIRECTOR
OF PUBLIC WORKS of the CITY OF AUBURN to be the free and voluntary act of such party
for the uses an.d purposes mentioned in this instrument.
Dated
~ :o : ~ My appointment expires
~ '... ~S~o ...._~ ~ Not,~7 Public in ~nd for the Smt~ of Washington
PERM1T FOR LIMITED USE OF PROPERTY AND HOLD HARMLESS AOREEMENT
City o£Aubum
P~gc 3 of 6
~TII~ ~TV~R DRIV~
~ EXHIBIT A
SCALE: ~' = 400' LA PIANTA PROPERTY
PERMIT FOR LIMITED USE OF PROPERTY AND HOLD HARMLESS AGREEMENT
City of Auburn
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SCAL~: 1".= :]00'
EXHIBIT B
ACCESS AGREEMENT AREA
PERMIT FOR LIMITED USE OF PROPF, RTY AND HOLD HARMLESS AGREEMENT
City of A.hum
Page 5 of 6
EXHIBIT "C"
LEGAL DESCRIPTION
LA PIANTA PROPERTY
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.
TOGETHER WITH
That portion of Government Lot 1, Section 29, Township 21 North, Range 5 East, W.M.,
in King County, Washington, lying southerly of the following described line:
Beginning at the Northwest corner of said Government Lot 1; thence South 0°20'43''
West a distance of 718.81 feet to the True Point of Beginning of the line descriibed
herein, thence North 72o04'30" East 139.29 feet; thence North 64°56'57'' East 203.11
feet; thence North 72004'00" East 289.04 feet; thence North 78°41'25'' East 132.57 feet;
thence North 44°35'16'' East 98.29 feet; thence North 72029'44'' East 136.31 feet;
thence South 52°47'10" East 99.20 feet; thence North 87012'26" East 164.20 ~get;
thence North 77026'38'' East 173.78 feet to the East line of said Government Lot 1 and
the terminus of the line described herein;
TOGETHER WITH Government Lot 8, Section 29, Township 21 North, Range 5 East,
W.M., in King County Washington;
EXCEPT any portions of the above-described Government Lots 1 and 8 lying within the
present bed of the White (Stuck) River.
REF, H:\W~PROJECTS~PGG~~. PIANTA
PERMIT FOR. LIMITED USE OF PROPERTY AND HOLD HARMLESS AGREEMENT
City of Auburn
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