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Section Two: Permit Issuance
<br /> 2.1. In consideration of the City issuing Owner a Permit(s), Owner does hereby agree to the
<br /> following:
<br /> 2.1.1. Owners(s) and his/her(their) heir(s), successor(s), and assign(s) shall provide,
<br /> design, construct,erect,maintain,repair.rebuild, or improve such structure(s),building(s),barriers(s), or
<br /> dwelling(s)as is reasonably necessary to prevent,control or avoid damage from the adverse impacts from
<br /> soils movement within or adjacent to the Property,whether caused by Owners(s)and his/her(their)heir(s),
<br /> successor(s),and assign(s)or otherwise,for the continued use and enjoyment of the Property;
<br /> 2.1.2. It is the sole burden and responsibility of Owners(s) and his/her(their)heir(s),
<br /> successor(s),and assign(s)to obtain,ensure,and fund any design,approval,authorization,material,supplies,
<br /> labor,services, maintenance, repairs, structural alterations, insurance, taxes, or assessments necessary or
<br /> required to prevent, control or avoid damage from the adverse impacts from soils movement within or
<br /> adjacent to the Property;
<br /> 2.1.3. In consideration of the issuance of the Permit(s),Owner(s)on his/her(their)own
<br /> behalf and on behalf of his/her(their)heirs,successors,and assigns hereby releases and waives any right to
<br /> assert any claim or course of action related to any loss or damage to people or property either on or off the
<br /> Property resulting from soils movement by reason of or arising out of issuance of the Permit(s)by the City
<br /> for development on the Property and agrees to indemnify(including reasonable attorney's fees)and hold the
<br /> City,its officers,employees and agents harmless from any claim(s)or courses of action related to any loss
<br /> or damage to people or property either on or off the Property resulting from soils movement by reason of or
<br /> arising out of issuance of the Permit(s) for development on the Property;Provided,nothing herein shall
<br /> require the Owner(s)and his/her(their)heirs,successors,and assigns to indemnify and hold harmless the
<br /> City,its officers,agents and employees from claims or courses of action caused solely by the negligence of
<br /> the City,its officer,employees and agents,and provided further,that if the claims or courses of action are
<br /> caused by or result from the concurrent negligence of(1)the Owner(s), his/her(their)heirs, successors,
<br /> assigns and agents,and(2)the City,its officer,agents and employees,the indemnity provisions provided
<br /> herein shall be valid and enforceable only to the extent provided by law;and
<br /> 2.1.4. Owners(s) and/or his/her(their) heir(s), successor(s), and assign(s) will inform
<br /> his/her(their)heirs,successors,and assigns that the Property is in a geologically hazardous area,that there
<br /> may be actual or potential risks associated with development thereon,of any conditions or prohibitions on
<br /> development,and of any features in this design which will require maintenance or modification to address
<br /> anticipated soils changes.
<br /> Section 3: Severability
<br /> 3.1. It is expressly understood and agreed that invalidation of any provision contained in this
<br /> document,or any portion of such provision,by judgment or court order shall in no way affect any of the other
<br /> provisions,which shall remain in full force and effect.
<br /> Section 4: Venue
<br /> 4.1.1. It is agreed that venue for any lawsuit arising out of this Agreement shall be Snohomish County,
<br /> Washington.
<br /> AGREEMENT CONCERNING DECLARATION
<br /> OF COVENANTS,CONDITIONS
<br /> AND RESTRICTIONS 2
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