Riverview I LLC 10/10/2019 - Laserfiche WebLink

2.3 Riverview shall not construct, reconstruct, relocate, adjust, remove, or repair any improvements within the City Property or otherwise use the City Property or any City right-of-way, except in accordance with plans and specifications approved in advance by the City Engineer. The City E gin er has approved improvements as described in the plans and specifications dated q///?-o/7 approved by the City of Everett in connection with the Riverview building permit application under file number pw nob -74-- . At its sole expense, Riverview shall operate, maintain, and repair any improvements it constructs within the City Property or any City right-of-way. Such operation, maintenance, and repair shall include such Riverview actions as may be necessary to avoid damage to City or public use of the rights-of- ways. 3. Risk Allocation. 3.1 Restoration. Within 90 days after completion of the Cleanup, Riverview shall remove or decommission its soil and groundwater remediation equipment (including decommissioning of all groundwater wells in accordance with Chapter 173-160 WAC), and shall remove all debris, and Riverview shall restore the City Property to as nearly as possible to the condition in which it was at the commencement of such work. 3.2 Indemnity. Riverview shall indemnify, defend and hold the City harmless from and against any and all claims, liabilities, loss, demands, liens, costs and expenses including reasonable attorneys' fees, agency orders,requirements or enforcement actions, suits and causes of action and damages including but not limited to any claim for damage to property or injury or death of any persons (collectively, "Claims") arising from or relating to the the Cleanup. Further, Riverview shall indemnify,defend and hold the City harmless from and against any and all Claims arising from or relating to any Hazardous Substance released at any time from the Riverview Property. Riverview shall not indemnify the City for Claims caused solely by the negligence or willful misconduct of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) the Claims for which the Grantee is to indemnify the Grantor are caused or results from the concurrent negligence of the City, then Riverview's duty to indemnify shall be valid and enforceable only to the extent allowed by RCW 4.24.115. 3.3 Definition of Hazardous Substance. As used in this Environmental Covenant, the term "Hazardous Substances' shall mean (i) any "Hazardous Substance" under the Washington Model Toxics Control Act (Chapter 70.105D RCW), as amended from time to time and regulations promulgated thereunder; (ii) any substance,the presence of which is prohibited by any federal, state, county, municipal or other local governmental statutes, regulations, ordinances or resolutions; and (iii) other substances deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, state, county, municipal or other local governmental statues, regulations, 3