HomeMy WebLinkAboutPW05-106 - Original - David Malik - Defense, Indemnification & Hold Harmless Agreement - 01/19/2005 DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS AGREEMENT
This Defense, Indemnification, and Hold Harmless Agreement ("Agreement") is entered
between David Malik ("Mr. Malik") and the City of Kent ("City").
Recitals:
1. Without admitting liability, Mr. Malik wishes to resolve claims associated with Code
Enforcement Case No. 03-3530 which involve the alleged damage and destruction of wetlands and
damage and clear cutting of trees without a permit and in violation of the Kent City Code on the
property located at approximately 94`h Ave. S and S 242°d/243`d Street in Kent, WA, and on the
property located adjacent to the property located at 94"' Ave. S. and S 242°d/243`d Street in Kent,
WA; and
2. Mr. Malik has requested that the City accept payment of$111,040.80 in lieu of the on site
mitigation of the wetland damage and clear cutting of trees and the City will accept such payment
on the condition that Mr Malik enter this Agreement.
Indemnification:
Mr. Malik agrees to defend, indemnify, and hold the City harmless from any and all
complaints, claims, writs, declaratory actions, charges, lawsuits, injunctions, or other causes of
action, brought by any person, party, business, corporation, or agency, against the City that result
from, is derived from, or connected to, the alleged damage and destruction of wetlands, or the
alleged damage, cutting, or clear cutting of trees associated with Code Enforcement Case No. 03-
3530 on the property located at approximately 94`h Ave S and S 242°d/243`d Street in Kent, WA,
and on the property located adjacent to the property located at 941h Ave. S. and S 242nd/243`d Street
in Kent, WA. Notlung in this section is intended to require indemnification for damages or other
losses caused by or resulting from the negligence of the City, its agencies or employees or the
actions of other parties.
Mr. Malik understands this Agreement, has authority to sign this Agreement, and agrees that
he shall be solely and personally responsible for the performance of, and compliance with,the terms
of this Agreement.
Validity:
This Agreement shall be valid only if Mr Malik delivers a signed original of this Agreement with
full payment in the form of a bank check no later than May � , 2005.
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Signed by Mr. Malik this day of Deeenitrer, 2004, in Kent, Washington.
For Mr. Malik. For the City:
Dav)%Malik Larry Blanchard
Public Works Director
City of Kent
Date- 01— lcf—DS
(00271338 DOC,I)