Hulbert v. Port of Everett

¶1 — This appeal arises from the 1991 sale of 30 acres of land by appellants (the Hulberts) to the Port of Everett (Port) through an agreement of purchase and sale (Agreement). An exhibit to the Agreement provided for the Hulberts to indemnify the Port, for three years after the date of sale, for any liability incurred by the Port arising from the discovery and cleanup of hazardous substances existing on the property before the date of sale. Approximately 15 years later, in 2006, the Port notified the Hulberts that they were potentially liable parties under the Model Toxics Control Act…