HomeMy WebLinkAboutCAG1990-0073 - Original - General Electric Company - Indemnity Agreement - Enviornmental Review and Community Impact Assessment Permit - 08/23/1990 Generation
St:b(,oe(:tijdv, NY 12345 Cl-r 107990
Building 6 , Room 211
Telephone (518) -385-054�1.7Y C', r
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August 23 , 1990 AUG ti,
EIK(en_t Citlf Attorney
Mr. Bill Williamson
Acting City Attorney
City of Kent
220 4th Avenue So.
Kent, Washington 98032-5898
Subject: INDEMNITY AGREEMENT
Dear Mr. Williamson:
Attached is the completed Indemnity Agreement required to obtain the
"Environmental Review and Community Impact Assessment Permit" from
the City of Kent.
GE is now planning to start the remediation activities at 1031 North
Fourth Avenue within four weeks based on obtaining the Permit.
Very truly yours,
Barry R. Yor
Environmental Project Manager
kentindy.wp
attach.
cc: G Morgan
W. Thornton
D. Wickstrom, Director of Public Works, City of Kent
D. Morell, Golder Associates, Inc.
INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT entered into this . day of ,
1990, provides as follows:
1. DEFINITIONS
1.1 As used herein, the word "Indemnitor" shall mean General Electric
Company, a corporation organized and existing under the laws of the State
of New York and having a place of business in Schenectady, New York.
1.2 As used herein, the word "Indemnitee" shall mean the City of Kent, a
municipal corporation of the State of Washington, its officers,
employees, servants and agents, including all members of the City Council
and of all boards, commissions and other organizations within and for the
government of the City of Kent, whether such persons are compensated for
their services by the City of Kent or not.
1.3 As used herein, the word "Permit" shall mean the General Purpose Permit
No. , issued by the City of Kent to Indemnitor for the
purposed set forth therein.
1.4 As used herein, the word "Site" shall mean the premises located at 1031
North Fourth Avenue, in the City of Kent, Washington, and all adjacent
property on which Indemnitor will perform work covered by the Permit.
1.5 As used herein, the word "Project" shall mean all work done by or on
behalf of Indemnitor at the Site, including grading, regrading, removal
and transportation of soil or other materials and all other activities
performed by or on behalf of Indemnitor in connection with the work done
at the Site.
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2. CONSIDERATION
2.1 This Indemnity Agreement is issued by the Indemnitor in consideration of
the issuance by the Indemnitee of the Permit and other good and valuable
consideration the receipt and sufficiency whereof is acknowledged by the
Indemnitee.
3. INDEMNIFICATION
3.1 Indemnitor agrees to defend, hold harmless and indemnify Indemnitee
against all and all manner of claims, demands, suits or actions for
personal illness or injury (including, without limitation, death and
illness, potential illness or fear of illness or death due to exposure to
hazardous substances) or property damage (including, without limitation,
diminution of property value due to the presence of hazardous substances
and the cost of remediating any contamination by hazardous substances)
arising out of or in connection with the Project.
3.2 It is a condition of the obligation of Indemnitor described in paragraph
3.1 hereof, that Indemnitee shall give timely written notice to
Indemnitor of any claim, demand, suit or action as to which Indemnitee
claims indemnification under this Indemnity Agreement and that Indemnitee
offers to Indemnitor the right to investigate, defend, settle or
compromise such claim, demand, suit or action for and on behalf of
Indemnitee all at Indemnitor's expense.
3.3 If Indemnitor shall undertake to investigate, defend, settle or
compromise such claim, demand, suit or action, Indemnitor may use such
agents and representatives (including attorneys) as Indemnitor shall
choose in its sole discretion. Indemnitor shall be solely responsible
for the fees, costs and expenses of such agents and representatives .
If, in such a case, Indemnitee shall choose to be represented by other
agents and representatives (including attorneys), Indemnitee shall be
solely responsible for the fees, costs and expenses of such agents and
representatives.
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3.4 If Indemnitor shall refuse to accept the tender of defense (or once
having accepted the tender of defense, later refuses to proceed with such
defense) of any such claim, demand, suit or action proffered by
Indemnitee under paragraph 3.3 hereof, Indemnitee shall have the right to
investigate, defend, settle or compromise such claim, demand, suit or
action as Indemnitee sees fit in its sole discretion. In the event that
it is determined that Indemnitor was required under the provisions of
this Indemnity Agreement to provide such a defense, Indemnitee shall
recover all expenses of such defense (including the amount of any
judgment, settlement or compromise payment) which Indemnitee was required
to pay in good faith, as well as the cost (including attorney's fees
incurred) of prosecuting any action to enforce this Indemnity Agreement.
3.5 Indemnitee shall provide reasonable cooperation to Indemnitor in
investigating, defend, settling or compromising any such claim, demand,
suit or action, including executing any documents necessary or desirable
to that purpose. Indemnitor will compensate Indemnitee for extensive use
of the time of Indemnitee under this paragraph 3.5.
IN WITNESS WHEREOF, Indemnitor and Indemnitee have caused this instrument
to be executed on their behalf by persons authorized to act in the premises on
the date first above written.
Approved as to Form: INDEMNITOR:
GENERAL ELECTRIC COMPANY
Bill H. Wi' 1iamson By:
Acting City Attorney
Title:
Att t:
p IND NIT
C e� CITY F K
Brenda Jacober! Bv.
Deputy City Cl r
Title: Mayor
Date: 8/16/90
6291L-29L
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